Terms of Service

Table of Contents

1. Introduction

2. Definitions

3. User Responsibilities

   • 3.1 General Responsibilities

   • 3.2 Participation in High-Risk Activities

   • 3.3 Membership and Subscription Services

   • 3.4 Use of Emhance Products and Services

     • 3.4.1 Reselling of Products and Services

   • 3.5 Behavior and Conduct

     • 3.5.1 Respect for Others

     • 3.5.2 Prohibited Activities

     • 3.5.3 Consequences of Violating Conduct Guidelines

   • 3.6 Legal Compliance

   • 3.7 Cooperation with Emhance Operations

4. Services Provided

   • 4.1 Training Programs

   • 4.2 Consultancy Services

   • 4.3 Operational Support Services

   • 4.4 E-Commerce and Digital Products

   • 4.5 E-Learning and Course Development

   • 4.6 Research Services

   • 4.7 Emergency Response Scope

     • 4.7.1 Definition of Emergency Response Services

     • 4.7.2 Scope of Emergency Response Services

     • 4.7.3 Exclusions of Responsibility

     • 4.7.4 Participant Acknowledgment of Risk and Limitation of Liability

     • 4.7.5 Modifications and Adjustments to Emergency Response Services

     • 4.7.6 Cooperation and Participation by Clients

   • 4.8 Use of Client’s Equipment or Facilities

5. Membership and Account Access

   • 5.1 Membership Enrollment and Access

   • 5.2 Membership Types and Benefits

   • 5.3 Membership Fees and Payment Terms

   • 5.4 Cancellation and Refund Policy

   • 5.5 Member Conduct and Obligations

   • 5.6 Member Responsibilities and Account Security

   • 5.7 Termination of Membership

6. Payment Terms and Billing

   • 6.1 Payment Methods

   • 6.2 Pricing and Fees

   • 6.3 Subscription Plans and Billing Cycles

   • 6.4 Taxes and Additional Charges

   • 6.5 Payment Processing

   • 6.6 Refunds and Disputes

   • 6.7 Payment Security

   • 6.8 Billing Discrepancies

   • 6.9 Late Payment Interest

7. Third-Party Services and Content

   • 7.1 Third-Party Providers and Partnerships

   • 7.2 Third-Party Content and Intellectual Property

   • 7.3 Third-Party Payment Processors

   • 7.4 Third-Party Links

   • 7.5 Integration with Third-Party Software or Platforms

   • 7.6 Third-Party Product Sales and E-Commerce

   • 7.7 Indemnification for Third-Party Services

   • 7.8 Disclaimers Regarding Third-Party Services

8. Intellectual Property

   • 8.1 Ownership of Intellectual Property

   • 8.2 Third-Party Intellectual Property

   • 8.3 Copyright Infringement and DMCA Policy

   • 8.4 Trademarks

   • 8.5 Use of Emhance’s Materials and Content

   • 8.6 Protection of Emhance’s Intellectual Property

9. Privacy and Data Protection

10. Changes to the Platform and Termination

    • 10.1 Effect of Termination

11. Dispute Resolution, Severability, and Governing Law

    • 11.1 Governing Law

    • 11.2 Dispute Resolution Process

    • 11.3 Limitation of Liability

    • 11.4 Force Majeure

    • 11.5 Severability

    • 11.6 Compliance with Laws

12. Contact Information and Complaints

    • 12.1 Contact Information

    • 12.2 Complaints

13. Right of Refusal of Services

    • 13.1 Right to Refuse Service

    • 13.2 Immediate Termination of Services

    • 13.3 No Refund in Case of Refusal or Termination

    • 13.4 Notification of Refusal

    • 13.5 Right to Appeal

 
Terms of Service for Emhance International Responder Development
Version: 14-11-2024

Effective on date: 01-01-2025
1. Introduction

Welcome to Emhance International Responder Development! These Terms of Service (“Terms”)
govern your access to and use of all our services, including and not limited to training, consultancy, e-commerce, e-learning, and operational support. By using our services, purchasing our products, or accessing any content on our website, you agree to comply with these Terms. Please read them carefully.
Emhance International Responder Development (“Company,” “we,” “us,” or “our”) is a sole proprietorship (“Eenmanszaak”) registered in the Netherlands. These Terms are governed by Dutch law. In case of any disputes arising from these Terms or your use of our services, such disputes will be handled exclusively in the courts of ‘s-Hertogenbosch, Netherlands.
We are committed to providing you with high-quality services and a safe, supportive environment for all responders, trainees, clients, and members. These Terms ensure a clear understanding of the rules and expectations for using our services and products. If you do not agree to these Terms, you must refrain from using our services.
Contact Information: For any inquiries or concerns regarding these Terms or our services, please contact us at:

• Email: info@emhance.com

• Phone: +31 (0)6-57 68 42 02

1.1 General Terms and Conditions
Governing Language
In the event of any discrepancy or conflict between different language versions of these Terms of Service ("ToS"), the English version of the ToS shall prevail and be deemed the authoritative version. Any translations of the ToS are provided for convenience only and shall not be considered legally binding.

Non-Waiver
Failure by Emhance to enforce any right or provision of these Terms of Service shall not be deemed a waiver of such right or provision. No waiver of any term shall be considered a further or continuing waiver of such term or any other term. Any waiver must be made in writing and signed by an authorized representative of Emhance to be effective.
Entire Agreement
These Terms of Service constitute the entire agreement between Emhance International Responder Development and the user. They supersede any and all prior or contemporaneous agreements, understandings, communications, or representations, whether written or oral, relating to the subject matter of these Terms. No other agreement, statement, or promise not contained in this document shall be binding.

Modification
Emhance reserves the right to modify or update these Terms of Service at any time. Users will be notified of any substantial changes through any form of a by an Emhance chosen method, e.g., email or notification on the website at least 14 days before the changes take effect. Continued use of Emhance’s services after the notification period constitutes acceptance of the revised Terms.

Acknowledgment
By using Emhance’s services, users explicitly acknowledge that they have read, understood, and agree to these Terms of Service. This acknowledgment is required before any engagement with Emhance's services, whether by accessing online platforms, registering for training courses, or participating in any programs. Users who do not agree to these Terms are not authorized to use Emhance's services.
 
2. Definitions
To ensure clarity and understanding of these Terms of Service, the following definitions apply:

• "Services": Refers to all the products, programs, and activities offered by Emhance International Responder Development, including but not limited to:

  • Training Programs: Courses and instruction such as related to search and rescue, security, crisis management, disaster preparedness, emergency response, and related fields.

  • Consultancy Services: Expert advice and support in areas such as private security, crisis management, emergency preparedness, event security, and organizational management.

  • E-commerce: The online sale of physical gear, equipment, and digital products, including but not limited to emergency response equipment, first aid kits, and digital content such as e-learning courses.

  • E-Learning: Online training modules, e-learning courses, and educational materials designed to enhance skills related to emergency response, safety, crisis management, and other operational fields.

  • Operational Support Services: Includes specialized services such as but not limited to first aid and wilderness first aid, rope access and rope rescue, event first aid, corporate security, and crisis management support. This also includes deployment for specialized operations and field support.

  • "Research Services": Refers to any investigative, analytical, or evaluative work conducted by Emhance to support the development of safety protocols, training programs, or operational strategies. This includes studies, assessments, field research, and data collection related to emergency response, crisis management, and other related fields. Research services may be commissioned by clients, conducted for internal development purposes, or in collaboration with third-party organizations. Research services are typically used to improve the effectiveness of training, consultancy, and operational services provided by Emhance.

  • "Research Findings": Refers to the results, reports, conclusions, or other deliverables that come from Emhance's research services. These may include data analysis, recommendations, safety protocols, or strategies developed from the collected data. Research findings are often shared with clients, incorporated into training materials, or published in reports to enhance the understanding of emergency response practices. The ownership and use of these findings are governed by the terms of any specific agreements between Emhance and the client or research partner.

• "User": Refers to any individual, group, organization, or entity accessing or using Emhance services, including members, trainees, customers, or clients who engage with any of our programs, products, or services.

• "Membership": Refers to any subscription-based service, program, or access provided to users on a recurring basis, including member-only content, resources, or discounts.

• "Products": Refers to any tangible, intangible or digital goods sold by Emhance, including training materials, gear, software, digital courses, memberships, and any third-party products made available via our platform.

• "Platform": Refers to the system, infrastructure, and any medium—whether online or offline—provided by Emhance International Responder Development through which users access and interact with our services, products, training programs, membership areas, and other offerings. The Platform includes but is not limited to, the website, mobile application, e-commerce store, e-learning modules, physical training facilities, consultancy booking systems, and communication channels. It represents the comprehensive environment in which users engage with Emhance’s services, whether digitally or in person, across different formats and locations.

• "Third-Party Providers": Refers to external entities, individuals, or organizations that contribute products, services, or content to Emhance, either through collaborations, partnerships, or licensing agreements. These may include providers of e-learning content, equipment suppliers, or other service collaborators.

• "Intellectual Property": Refers to the creative, proprietary, and intellectual assets of Emhance, including but not limited to trademarks, logos, course materials, training content, videos, publications, software, and any other content created by or owned by Emhance or its licensors.

• "User Content": Refers to any content provided or submitted by users, including reviews, feedback, photos, videos, or any other type of information users may upload, post, or contribute to Emhance’s platform, website, or in relation to services.

• "High-Risk Activities": Refers to any activities associated with physical or dangerous environments, including but not limited to search and rescue operations, field training in remote locations, (under)water training, confined space training, rope rescue, and wilderness survival training. Users participating in these activities acknowledge the inherent risks and agree to adhere to safety guidelines provided.

• "Dispute": Refers to any disagreement, complaint, or legal conflict that arises between the user and Emhance in relation to the use of our services, products, or the enforcement of these Terms of Service.

• "Force Majeure": Refers to events or circumstances beyond Emhance’s reasonable control that may impact the ability to perform or provide services, including natural disasters, pandemics, civil unrest, government actions, strikes, or technological failures.

• "Privacy Policy": Refers to the document outlining how Emhance collects, processes, stores, and protects personal data provided by users, in accordance with applicable privacy laws, including the General Data Protection Regulation (GDPR) in the European Union.

3. User Responsibilities
By using the services provided by Emhance International Responder Development, you agree to uphold certain responsibilities to ensure the proper use of our services, products, and the safety of all participants. This section outlines the expectations for users engaging with all Emhance’s services.
3.1 General Responsibilities

• Compliance with Terms: Users must adhere to all aspects of these Terms of Service, including any additional guidelines, policies, or instructions related to the specific services they access.

• Accurate Information: Users are required to provide accurate, current, and complete information during registration and throughout their use of our services. This includes, but is not limited to, personal identification details, payment information, and any other required documentation.

• Account Security: Users are responsible for maintaining the confidentiality of their account login credentials. You must immediately notify Emhance if you suspect any unauthorized access to your account.

• Appropriate Use: Users must ensure that their use of Emhance’s services does not violate the rights of other users, damage our reputation, or disrupt our operations. This includes refraining from engaging in fraudulent, unsafe, abusive, or illegal activities when accessing our services.

3.2 Participation in High-Risk Activities

• Acknowledgment of Risk: Emhance provides services that may involve high-risk activities, including but not limited to field training in remote areas, water, confined spaces, first aid, and rope rescue operations. Users must acknowledge that participation in these activities is voluntarily and involves inherent risks, including personal injury, property damage, or even death.

• Safety Compliance: Users are expected to follow all safety instructions, guidelines, and procedures provided by Emhance or its instructors during any high-risk activities. Failure to comply with safety measures may result in immediate suspension from the activity, with no refund issued.

• Medical Fitness: Users are responsible for ensuring that they are physically and mentally fit to participate in any training or field activity. Emhance may require users to submit a medical clearance or physical fitness test form and assumption of risk or any relevant documentation indicating they are fit to participate in high-risk activities.

• Personal Equipment: Where required, users are expected to bring and maintain appropriate personal safety gear (e.g., helmets, gloves, boots) during training or field operations. Emhance may provide specific gear for certain activities, but users are expected to comply with the gear requirements, maintaince, standards of the gear set for each specific service or event.

3.3 Membership and Subscription Services

• Payment and Subscription: Users participating in membership or subscription-based services are responsible for providing accurate payment information and ensuring timely payment. Emhance reserves the right to suspend or terminate membership access if payment is not received or is disputed.

• Access to Member Content: Members are granted access to exclusive content and services as part of their subscription. This may include e-learning courses, specialized materials, and discounts on products or services. Access to this content is personal and non-transferable.

• Cancellation and Refunds: Users may cancel their membership or subscription at any time. However, unless otherwise specified in the individual service agreements or applicable laws, no refunds will be issued for unused portions of membership fees or subscription payments. Specific cancellation and refund policies may apply to training programs or consultancy services.

3.4 Use of Emhance Products and Services

• Proper Use of Products: Users must use Emhance products (both physical and digital) in a manner consistent with their intended purpose. Misuse, improper handling, or modification of products may void warranties and may result in liability for any resulting damages.

• Non-Returnable Digital Products: All sales of digital products, including but not limited to software, digital downloads, e-books, online courses, and other electronic content, are final and non-returnable. Due to the nature of digital products, once the product has been delivered or accessed, it cannot be returned, refunded, or exchanged. By purchasing any digital product, you acknowledge and agree to this policy.

• Intellectual Property Respect: Users must respect the intellectual property rights of Emhance and Third parties. Unauthorized reproduction, distribution, or use of Emhance’s and third parties copyrighted materials, including training courses, instructional content, logos, trademarks, and research findings, is prohibited unless explicitly authorized.

• Confidentiality: Users agree to maintain the confidentiality of any proprietary or confidential information shared by Emhance, its employees, contractors, or third-party partners in the course of providing services. This includes, but is not limited to, business strategies, research findings, client lists, training materials, and other sensitive data. Users must not disclose or share any confidential information with unauthorized parties without prior written consent from Emhance.

• Third-Party Products: Users should also be aware that Emhance offers third-party products and services through our platform. While Emhance ensures these products meet our quality standards, users must adhere to the terms and conditions of third-party providers, which may differ from those outlined in these Terms of Service.

3.4.1 Reselling of Products and Services

• Prohibition on Unauthorized Reselling: Users are not permitted to resell or redistribute Emhance products or services without prior written consent from Emhance International Responder Development. This includes both physical and digital products, as well as any services, training programs, or intellectual property offered by Emhance.

• Authorized Resellers: If Emhance permits reselling of its products or services, this must be done through an official agreement that outlines the terms and conditions for reselling, including pricing, marketing, and distribution guidelines. Unauthorized reselling, including any attempts to sell Emhance products or services through unauthorized channels, is a violation of these Terms of Service and may result in legal action, claims on profit, loss caused to enhance and or termination of services.

• Intellectual Property Rights and Reselling: Any reselling of Emhance products or services must respect Emhance's intellectual property rights, including logos, trademarks, training materials, and other proprietary content. Resellers are not authorized to modify, alter, or create derivative works of Emhance products or services without written permission.

• Liability for Reselling: Any issues arising from the resale of Emhance products or services by third parties who are not authorized resellers are the responsibility of the unauthorized reseller. Emhance disclaims all liability for damages, claims, or issues arising from the unauthorized resale of its products or services.

• If Partner is not the main contractor of the assignment and Emhance has been hired, Emhance is allowed to approach any other partners involved in the contract for future collaborative and financial gain. ​

 
3.5 Behavior and Conduct

3.5.1 Respect for Others

• Professional Conduct: Users must engage respectfully with all individuals associated with Emhance, including employees, instructors, clients, trainees, and fellow participants. This includes demonstrating professionalism in communication, behavior, and interactions.

• Zero Tolerance for Disruptive Behavior: Any form of disruptive behavior, including but not limited to verbal abuse, bullying, inappropriate comments, or aggressive actions, will not be tolerated. Emhance reserves the right to take immediate action in response to any such behavior, which may include suspension or termination of services without refund.

• Harassment and Violence: Harassment (whether verbal, physical, or emotional) and any form of violence, including threats or actual harm to others, is strictly prohibited. This applies in all contexts, whether during physical training, online interactions, or at any Emhance-related services.

• Expectation of Safe Environment: Emhance is committed to creating a safe and supportive environment. All users are expected to respect the dignity and rights of others and contribute to maintaining a positive atmosphere.

• Acknowledgment of the Codes By using Emhance’s services, you acknowledge that you have read, understood, and agree to comply with both the Code of Conduct and Code of Honor. These documents are available for review at any time on our website, and are subject to periodic updates.
   

3.5.2 Prohibited Activities

• Violation of Rights: Users must not engage in any activity that infringes upon the rights of Emhance, other users, third parties, or intellectual property. This includes unauthorized use of logos, trademarks, or any content owned by Emhance or its third-party providers.

• Legal Compliance: Users must adhere to all applicable local, national, and international laws when using Emhance services. This includes laws related to safety, data privacy, intellectual property, and any other legal obligations relevant to the services being accessed.

• Transmission of Harmful Content: Users are prohibited from using Emhance’s Platform or services to:

  • Transmit any harmful software, including malware, viruses, or other types of malicious content.

  • Engage in any activity that could harm or disrupt the Platform, the experience of other users, or the integrity of Emhance’s systems and services.

  • Engage in unauthorized data collection or data scraping, phishing attempts, or any other form of cyber attack.

• Ethical Use: Users should ensure that their actions align with Emhance's mission and ethical standards. Any activity deemed unethical, illegal, or harmful to the community or Emhance’s reputation may result in removal from the service and legal action.
   

3.5.3 Consequences of Violating Conduct Guidelines

• Suspension or Termination of Services: Any breach of the above behavior and conduct guidelines may result in immediate suspension or termination of the user's access to Emhance’s services, products, or programs. Emhance reserves the right to make such determinations at its sole discretion.

• No Refunds for Terminated Accounts: In cases of termination due to misconduct or violation of these terms, users will not be entitled to any refund for it’s services, products, or memberships.

• Reporting Violations: Users are encouraged to report any instances of misconduct or violations of these guidelines. Reports can be made directly to Emhance through the contact information provided on our website or platform. Emhance will investigate reported issues and take appropriate action where necessary

3.6 Legal Compliance

• Adherence to Local Laws: Users are responsible for ensuring that their use of Emhance’s services complies with applicable laws and regulations in their jurisdiction. This includes, but is not limited to, laws regarding safety, data privacy, and intellectual property.

• Export Compliance: Users must not export or re-export any materials or services provided by Emhance in violation of applicable laws, including international trade restrictions or export control laws.
   

3.7 Cooperation with Emhance Operations

• Feedback and Cooperation: Users agree to voluntarily assist with Emhance in the provision of services, including and not limited to providing feedback on training, operational and consulting services, completing necessary documentation, and participating in any follow-up evaluations or assessments.

• Informed Consent: By engaging in our services, particularly in high-risk activities, users provide informed consent, acknowledging that they understand the risks involved and agree to participate voluntarily.
   

4.0 Services Provided
Emhance International Responder Development offers a broad range of services aimed at training, consultancy, operational support, e-commerce, and e-learning. The following outlines the various services provided and the specific terms that apply to each.

4.0.1 Fulfillment of Services at Emhance's Initiative: Emhance reserves the right to initiate and fulfill services, including but not limited to those not explicitly outlined in the agreement, as deemed necessary or beneficial for the client’s objectives. Any such services will be carried out in good faith, with prior consultation and mutual agreement between Emhance and the client. Both parties will agree on the scope, timing, and associated costs for any services provided under this clause.

4.1 Training Programs

• Overview: Emhance offers various training programs designed to equip responders, security personnel, and other professionals with the skills and knowledge necessary for effective crisis management, emergency response, and disaster preparedness.

• Types of Training:

  • Search and Rescue: Programs or operations focusing on urban search and rescue, industrial rescue, wilderness rescue, and water-based rescue techniques.

  • Crisis Management: Training or operations designed to prepare individuals and organizations for managing crises, including natural disasters, security threats, and large-scale emergencies.

  • First Aid and Wilderness First Aid: Comprehensive first aid training, including basic, advanced, and specialized wilderness first aid courses.

  • Rope Rescue and Rope Access: Programs or operations aimed at training individuals in rope rescue techniques, rope access for emergency operations, and technical rescue operations.

  • Event First Aid and Security: Targeted training for event organizers, including first aid, safety, and security measures for public and corporate events.

  • Corporate Security: Training in personal and organizational security, including risk assessment, security planning, and the management of security operations.

• Delivery Format: Training can be conducted both online (via e-learning modules) and offline (in-person at training facilities or on-site for specific client needs) or a combination of both called hybrid training. The format and structure of each training program will be specified at the time of booking or registration.

• Participation Requirements: Users must meet certain pre-requisites to participate in specific training programs, including medical fitness and adherence to safety guidelines.

• Certification: Upon successful completion of a training program, participants may receive certificates, qualifications, or proof of completion, depending on the program.

4.2 Consultancy Services

• Overview: Emhance provides professional consultancy services for organizations seeking expert advice in areas such as emergency management, search and rescue, security, and operational efficiency.

• Types of Consultancy:

  • Emergency Response Consultancy: Assistance with designing and implementing effective emergency response plans, including disaster recovery and business continuity strategies.

  • Crisis Management Consultancy: Tailored advice and support for organizations in crisis planning, risk management, and operational resilience during crises.

  • Security Consultancy: Expert guidance in developing security protocols for private individuals, companies, and public events, including vulnerability assessments and threat mitigation strategies.

  • Training Program Development: Consultancy services for organizations that wish to develop and implement bespoke training programs for their employees or members.

• Consultation Methods: Consultancy may be delivered through one-on-one sessions, workshops, group meetings, or remote consultations, depending on the client’s needs and preferences.
   

4.3 Operational Support Services

• Overview: Emhance provides a range of operational services in high-risk environments, designed to support organizations, emergency responders, and corporate clients.

• Types of Operational Services:

  • Private Security Services: Emhance offers professional, trained security personnel for private events, corporate clients, and personal security needs but only as a subcontractor in The Country of The Netherlands.

  • First Aid and Medical Support: Emergency medical support services, including first aid and wilderness first aid, provided in various settings such as remote areas, high-risk operations, and public events.

  • Event Security and Support: Specialized security and emergency response services for large events, conferences, and corporate functions.

  • Crisis Management Operations: On-the-ground operational support during crises, including disaster recovery, humanitarian aid, and rapid response in emergency situations.

  • Specialized Deployments: Emhance may provide specialized services in challenging environments, including remote areas, confined spaces, and hazardous terrains. This includes search and rescue, disaster relief, and operations in high-risk locations.

4.4 E-Commerce and Digital Products

• Overview: Emhance offers a range of physical products and digital resources through our e-commerce platform, designed to support emergency response professionals and organizations.

• Products Offered:

  • Emergency Gear: High-quality, durable equipment essential for responders, such as protective clothing, medical kits, safety equipment, and rescue gear.

  • Training Materials: Books, guides, manuals, and online resources related to emergency response, first aid, and crisis management.

  • Digital Products: E-learning courses, instructional videos, downloadable resources, and other digital products tailored to training, education, and skill development.

  • Third-Party Products: Emhance may offer third-party products through the platform, which are selected for their quality and relevance to emergency response training and operations.

• Product Availability: Products may vary in availability depending on stock levels and suppliers. Emhance will provide clear information on the availability of items at the time of purchase.

• Shipping and Delivery: Shipping and delivery terms for physical products will be specified at the time of purchase, including delivery timeframes and shipping costs.

4.5 E-Learning and Course Development

• Overview: Emhance provides digital learning options for individuals and organizations seeking flexible, online-based training solutions.

• Types of E-Learning:

  • Online Courses: Self-paced courses covering various topics, including first aid, search and rescue, crisis management, and operational planning.

  • Custom E-Learning Solutions: Tailored e-learning programs designed to meet the specific needs of organizations, including the development of bespoke content for employees or team members.

  • Certifications and Qualifications: E-learning courses may lead to certifications upon successful completion, which will be issued by Emhance, subject to meeting all course requirements.

• Platform Access: Courses will be delivered through Emhance’s online learning platform. Users are responsible for maintaining access to the platform, which may require a valid subscription or course enrollment.
   

4.6 Research Services

• Overview: Emhance also provides research services to support the development of best practices in emergency response, crisis management, and disaster preparedness.

• Types of Research:

  • Field Research: Data collection and analysis from live environments, such as disaster zones or emergency response operations.

  • Data Analysis and Reporting: Analyzing collected data to produce actionable insights and research findings, including the development of safety protocols, response strategies, and operational guidelines.

  • Collaborative Research: Partnering with external organizations, universities, and research institutions to conduct joint studies on topics relevant to Emhance’s services.

• Usage of Research Findings: Research findings may be used internally to improve Emhance’s offerings or shared with clients or the public through reports, publications, or presentations.
   

4.7 Emergency Response Scope

4.7.1 Definition of Emergency Response Services
Emhance International Responder Development provides emergency response services, including but not limited to the following:

• First Aid Services: Initial emergency medical treatment, triage, and stabilization of individuals in urgent need of medical assistance. This includes basic life support and field treatment in emergency situations.

• Security Services: Temporary protective measures, security personnel, and risk management efforts aimed at ensuring the safety of individuals and property during an emergency situation.

• Rescue Operations: Safe extraction or assistance in hazardous environments, such as rope rescue, search and rescue (SAR) missions, and other specialized operational services for situations involving physical danger or risk to life.

These services will be provided in accordance with the specific terms outlined in the Service Agreement between Emhance and the client. These services may be deployed on-site, through remote communication, or during a specific deployment.
4.7.2 Scope of Emergency Response Services
The scope of Emhance’s emergency response services is strictly limited to the services outlined in the Service Agreement and may include:

• Emergency medical treatment (e.g., first aid, stabilization, and triage) for individuals involved in the emergency situation.

• Security management within the duration and scope agreed upon by both parties. Emhance’s security responsibility will cease once the emergency situation is resolved, or the agreed-upon timeframe ends.

• Rescue efforts or operations, including but not limited to rope access, rope rescue, and other necessary rescue measures. Emhance’s responsibility is confined to the geographical area and type of rescue as agreed upon in the contract.

Emhance shall not be responsible for any services outside the agreed-upon scope of the emergency response as specified in the Service Agreement.
4.7.3 Exclusions of Responsibility
Emhance is not responsible for the following services, which fall outside the scope of the emergency response:

• Ongoing Medical Treatment: Emhance is not responsible for any continued medical care or treatment beyond the initial emergency response. Once first aid has been administered or emergency medical treatment is provided, the responsibility for further medical care (such as hospitalization, transport, or rehabilitation) falls to the client or relevant healthcare providers.

• Long-Term Recovery or Rehabilitation: Emhance does not provide services related to physical therapy, rehabilitation, or long-term recovery following an emergency situation.

• Extended Security Services: Emhance’s security services are limited to the specific emergency situation and will not cover long-term security requirements. Once the agreed-upon emergency response period concludes, Emhance’s security services will cease.

• Rescue Beyond Service Agreement: Emhance is not liable for rescue operations or efforts that exceed the scope of the original service agreement or this Terms of Service, including any services requested after the operational scope has been completed, or services provided in areas not specified in the contract.
   

4.7.4 Participant Acknowledgment of Risk and Limitation of Liability
By engaging Emhance for emergency response services, the client acknowledges and accepts that Emhance’s services are strictly limited to those defined in the Service Agreement. The client understands that:

• Risk Acknowledgment: Emhance is not responsible for any injuries, damages, or costs incurred beyond the scope of emergency services outlined in the contract.

• Limitation of Liability: Emhance is not liable for any damages, injuries, or losses occurring after the emergency response has concluded, or for any services that are beyond the scope of the agreed-upon services.

Clients further acknowledge that Emhance is not liable for any subsequent treatment, recovery, or any services required after the initial emergency response, including ongoing medical care, extended security measures, or long-term recovery services.

4.7.5  Modifications and Adjustments to Emergency Response Services
In cases where emergency circumstances require adjustments or modifications to the originally agreed-upon services, Emhance will:

• Provide notice to the client as soon as possible regarding any necessary changes to the scope of services.

• If additional services are required beyond the original agreement, these modifications must be agreed to in writing by both parties, and additional fees may apply.

• Ensure that all modifications are documented clearly to avoid misunderstandings or disputes.
   

4.7.6 Cooperation and Participation by Clients
The client and any participants in emergency response situations are required to cooperate fully with Emhance’s personnel. This includes:

• Providing all necessary information and access to relevant facilities, individuals, or resources to ensure that the emergency response can be effectively carried out.

• Following the safety protocols and instructions provided by Emhance’s personnel.

• Acknowledging that failure to cooperate may hinder the success of the emergency response and could result in additional risks or limitations in the effectiveness of the services.
   

Use of Client’s Equipment or Facilities

Authorization to Use Client’s Equipment or Facilities
In the course of providing our services, Emhance International Responder Development may require or request the use of the client’s equipment, facilities, or other resources. By engaging in services with Emhance, the client grants Emhance and its authorized personnel permission to use such equipment or facilities as necessary to perform the agreed-upon services, provided that the use is within the scope of the Service Agreement.
11.2 Responsibility for Equipment and Facilities
The client remains solely responsible for ensuring that all equipment, facilities, and resources provided to Emhance are in good working condition and comply with applicable safety regulations and laws. Emhance is not responsible for any damage to or loss of the client’s equipment or facilities, except in cases where such damage or loss is caused directly by Proven negligence or misconduct of Emhance or its personnel.

Client’s Obligations
The client agrees to:

• Provide Emhance’s personnel with reasonable access to any equipment or facilities that are necessary for the execution of the services.

• Ensure that the equipment and facilities provided to Emhance are safe, functional, and suitable for the purposes of the service to be performed.

• Notify Emhance in advance of any limitations, conditions, or requirements related to the use of their equipment or facilities, including but not limited to restrictions on use, maintenance schedules, or special handling instructions.

11.4 Emhance’s Responsibilities
Emhance is responsible for using the client’s equipment and facilities in a professional and responsible manner, following all reasonable instructions provided by the client. Emhance will take reasonable precautions to avoid damage to or misuse of the equipment and facilities. Emhance is only liable for damage to or loss of the client’s equipment or facilities if it occurs due to the negligence or willful misconduct of Emhance’s personnel.
11.5 Indemnity and Liability
The client agrees to indemnify and hold harmless Emhance and its personnel from any claims, damages, or losses arising from the use of the client’s equipment or facilities, unless the damage or loss is a direct result of Emhance’s negligence or misconduct.
11.6 Restrictions on Use
Emhance will not use the client’s equipment or facilities for any purposes beyond the scope of the Service Agreement without the explicit written consent of the client. Should additional use be required, both parties must mutually agree upon the terms and conditions of such use.
 
5. Membership and Account Access
5.1 Membership Enrollment and Access

• Account Creation: To access certain services, including e-learning courses, training programs, and exclusive resources, users may be required to create an account. During registration, users must provide accurate and complete information, including their name, email address, and any other necessary details.

• Eligibility for Membership: Membership is available to individuals who meet the eligibility criteria as set forth by Emhance, which may include minimum age requirements, professional qualifications, or specific training prerequisites. Users must verify their eligibility before enrolling in programs or accessing membership benefits.

• User Account Responsibilities: Users are responsible for maintaining the confidentiality of their account credentials, including usernames and passwords. Users agree not to share their login credentials with others and are solely responsible for all activities that occur under their account.

• One User Per Account: Each account is intended for use by a single individual only. Users are not permitted to share their accounts with others or allow multiple people to access the account under a single registration. Sharing of accounts or credentials is a violation of these Terms of Service and may result in the suspension or termination of the account. The multiple users of the can be held liable for any caused damages and missed profits.

• Access Rights: Emhance grants users a limited, non-exclusive, and revocable right to access and use the Platform and membership services based on their membership level or enrollment status. The right to access may be suspended or terminated if the user violates any terms of service.

5.2 Membership Types and Benefits

• Types of Memberships: Emhance offers different membership tiers or subscription plans, each of which provides varying levels of access to services, training programs, resources, and discounts. Membership options may include:

  • Basic Membership: Access to introductory training programs, select e-learning courses, and limited access to online resources.

  • Premium Membership: Includes all Basic membership benefits plus advanced training, extended resources, discounts on products, and priority support.

  • Corporate Membership: Tailored for organizations requiring multiple licenses or subscriptions, with additional benefits, such as team-based training, consultancy, and bulk product discounts.

• Benefits: Membership may include access to the following benefits:

  • Access to exclusive content and services, including member-only training programs and advanced courses.

  • Discounts on physical products and training sessions.

  • Invitations to special events, webinars, or in-person training opportunities.

  • Early or priority access to new programs or services.

  • Access to specialized consultancy services or operational support based on membership level.

5.3 Membership Fees and Payment Terms

• Payment Obligations: Users are required to pay all fees associated with their membership or service subscriptions as specified at the time of enrollment. These fees may vary depending on the membership tier, product, or service selected.

• Payment Methods: Payment for memberships, courses, or services can be made through the payment methods provided on the Platform, including credit card, debit card, and other electronic payment systems. Users agree to provide accurate and complete payment information at the time of purchase.

• Subscription Plans: For subscription-based memberships, users will be billed according to the agreed-upon frequency (e.g., monthly, annually) and will continue to be billed until the user cancels the subscription. Details of the subscription plan, including pricing and renewal terms, will be clearly outlined during the checkout process.

• Taxes: All prices are exclusive of applicable taxes unless otherwise stated. Users are responsible for paying any sales taxes, VAT, or other applicable taxes associated with their membership or purchases.

• Late Payments: If a user’s payment is overdue, Emhance may suspend or terminate the user’s access to services until payment is received. A reinstatement fee may apply in some cases.

5.4 Cancellation and Refund Policy

• Cancellation by User: Users may cancel their membership or subscription at any time, subject to the cancellation terms specified for each membership tier. Cancellation may be completed via the user’s account settings on the Platform or by contacting Emhance’s support team.

  • Notice Period: Cancellation requests should be made in advance of the next billing cycle. Failure to provide adequate notice may result in charges for the next billing period.

  • Refunds: Unless explicitly stated, no refunds will be issued for fees already paid, including for partial months or unused services.

  • Trial Periods: If a trial period is offered, users can cancel their subscription during the trial period to avoid being charged. Specific trial period details will be communicated to the user during enrollment.

• Cancellation by Emhance: Emhance reserves the right to cancel or suspend a user’s membership or access to services if:

  • The user breaches these Terms of Service.

  • The user engages in misconduct or inappropriate behavior, as described in Section 3.5 (Behavior and Conduct).

  • Payment is not received in a timely manner, as outlined in Section 5.3 (Membership Fees and Payment Terms).

• Refunds for Services: In cases where Emhance cancels a service or program due to circumstances beyond the user's control (e.g., program discontinuation), Emhance will issue a refund or credit as determined on a case-by-case basis.

5.5 Member Conduct and Obligations

• Compliance with Terms: As a member, users agree to comply with all applicable laws, terms, and conditions associated with their membership. This includes adhering to program-specific guidelines, maintaining the confidentiality of any proprietary information, and behaving in a professional and respectful manner.

• Intellectual Property: Users acknowledge that any content, materials, or intellectual property provided through the Platform, including training resources, documents, videos, and courses, are the property of Emhance or its third-party providers. Members are granted a limited, non-exclusive license to use the content for personal or professional development, but may not distribute, share, or reproduce the content without express permission.

5.6 Member Responsibilities and Account Security

• Account Security: Users are responsible for maintaining the security and confidentiality of their account information. If a user suspects unauthorized access to their account or any security breach, they must immediately notify Emhance.

• User Responsibility for Content: Users agree not to post, upload, or transmit any content that violates these Terms, including illegal, offensive, or harmful material. Users must ensure that their use of the Platform and services remains within the boundaries of acceptable use.

5.7 Termination of Membership

• Termination by User: Users can terminate their membership at any time by providing notice to Emhance, subject to the cancellation terms. Termination will not relieve the user of any outstanding payment obligations, and access to services will be revoked upon termination.

• Termination by Emhance: Emhance reserves the right to terminate or suspend a user’s membership at its sole discretion if the user fails to comply with the Terms of Service, engages in prohibited activities, or engages in behavior that negatively impacts Emhance or other users. In such cases, the user will not be entitled to any refund.

6. Payment Terms and Billing
6.1 Payment Methods

• Accepted Payment Methods: Emhance accepts various payment methods for services and products, including credit cards, debit cards, bank transfers, and other electronic payment methods available on the Platform. All payment methods will be clearly indicated at the time of purchase.

• Payment Information: Users must provide accurate and complete payment information, including valid payment card details or bank account information, when purchasing services or products. Emhance is not responsible for any issues related to the user’s payment method, such as incorrect information or insufficient funds.

6.2 Pricing and Fees

• Price Transparency: All prices for services, training programs, products, memberships, and subscriptions are clearly stated on the Platform or communicated before a transaction is completed. Prices are in euros (EUR) unless otherwise specified.

• Service-Specific Pricing: Certain services, especially custom or specialized training, consultancy, and operational support, may have customized pricing. These services will be priced based on the scope and duration of the engagement, and users will be provided with a quote before committing to a purchase.

• Changes to Pricing: Emhance reserves the right to change pricing for services and products at any time. However, any price changes will only apply to new purchases or renewals and will not affect existing contracts or agreements that have already been paid for.

6.3 Subscription Plans and Billing Cycles

• Subscription Plans: For certain services, such as access and not limited to e-learning courses or membership-based programs, and equipment rental, users may choose a subscription plan, either monthly, quarterly, or annual. The details of the chosen subscription plan, including the billing frequency, payment amount, and any applicable discounts, will be clearly communicated during the checkout process.

• Automatic Renewal: Unless explicitly stated otherwise, subscriptions will automatically renew at the end of each billing cycle for the same duration, and the payment for the renewal will be charged to the payment method on file. Users will be notified of any upcoming renewals via email or other communication channels.

  • Cancellation of Subscription: Users can cancel their subscription at any time before the renewal date to prevent automatic billing for the next period. Cancellations can be made through the user’s account settings on the Platform or by contacting Emhance’s support team.

6.4 Taxes and Additional Charges

• Taxes: All fees are exclusive of applicable taxes unless otherwise specified. Users are responsible for paying any taxes that apply to their transactions, including, but not limited to, Value Added Tax (VAT) as required by Dutch law. These taxes will be calculated and added to the total amount at the time of payment. If payment is made in a currency other than Euros (EUR), any conversion fees or additional costs will be the responsibility of the user.

• Shipping and Handling Charges: For physical products, users will be charged additional fees for shipping and handling. Shipping costs will be calculated based on the delivery location and the type of product purchased and will be communicated during the checkout process.

• Conversion Costs In the event that payment is made in a currency other than Euros (EUR), users will bear any associated currency conversion costs or exchange rate fees. These additional costs are the sole responsibility of the user and will not be covered or reimbursed by Emhance.

6.5 Payment Processing

• Third-Party Payment Processors: Emhance uses third-party payment processors to handle the secure processing of payment transactions. By providing payment information, users agree to the terms and privacy policies of these third-party processors, which will govern the transaction.

• Payment Confirmation: Upon successful payment, users will receive an electronic receipt or confirmation via email. The receipt will include details of the purchased services or products, the amount paid, and the transaction ID.

• Failed Payments: If a payment fails, Emhance will notify the user and provide a reasonable period for the user to update their payment information. If payment is not successfully completed, access to the services or products will be suspended until payment is made.

6.6 Refunds and Disputes

• Refund Policy: Emhance offers refunds under specific circumstances, such as when a service is unavailable, incorrect, or canceled by Emhance. Refund requests for memberships, courses, or products are subject to Emhance’s refund policy, which will be clearly communicated at the time of purchase.

  • Non-Refundable Items: Certain services, such as training programs that have already begun, personalized consultancy services, or digital products (e.g., e-learning courses), may not be refundable once accessed or delivered. Refunds will not be issued for partially used memberships.

• Refund Process: To request a refund, users must contact Emhance’s support team within the time frame specified in the refund policy. Refunds will be processed to the original payment method, and users will be notified once the refund has been issued.

• Dispute Resolution: If there are issues or disputes related to payment or billing, users are encouraged to contact Emhance’s support team for resolution. In the case of unresolved disputes, the dispute may be escalated to a formal process under Dutch law, with the court of ‘s-Hertogenbosch, Netherlands, having jurisdiction over such matters.

6.7 Payment Security

• Security of Payment Information: Emhance takes the security of user payment information seriously. Payment transactions are processed through secure, encrypted channels using industry-standard encryption protocols to ensure the confidentiality and integrity of payment data.

• Compliance with Payment Standards: Emhance complies with applicable standards, such as the Payment Card Industry Data Security Standard (PCI DSS), to ensure that all user payment information is securely handled and stored.

6.8 Billing Discrepancies

• Reporting Billing Errors: Users are responsible for reviewing their invoices and payment confirmations to ensure accuracy. If a user believes there has been an error in billing, they must contact Emhance’s support team within 30 days of the transaction date. Emhance will investigate and, if applicable, correct any discrepancies found.

• Disputed Charges: If users dispute a charge, they should first attempt to resolve the issue with Emhance directly. If the issue remains unresolved, users may have the option to dispute the charge with their payment provider, though Emhance will work in good faith to address any concerns raised.

6.9 Late Payment Interest

• Interest on Late Payments: In accordance with Article 6:119a of the Dutch Civil Code, if a user fails to make a payment by the specified due date, Emhance reserves the right to charge a late payment interest of 2% per month. This interest will be calculated from the day the payment was due until the date the payment is received in full. Users will also be liable for any additional costs associated with the recovery of overdue payments.

• Suspension of Access: In cases of non-payment, Emhance reserves the right to suspend access to services, including online platforms, memberships, and training courses, until payment is made in full. Access will be restored within 7 days after full payment, including any applicable late payment interest, has been received.

7. Third-Party Services and Content
7.1 Third-Party Providers and Partnerships

• Third-Party Services: Emhance offers certain (operational) services, products, and content that may be provided by third-party providers or partners. These third-party services are integrated into Emhance's offerings to enhance the value provided to users. This includes, but is not limited to, third-party training programs, e-learning modules, digital products, operational support, third party suppliers and operational gear.

• Responsibility for Third-Party Services: While Emhance makes efforts to ensure the quality and reliability of third-party services and products, we do not control or guarantee the performance, accuracy, or legality of third-party offerings. Users acknowledge and agree that any engagement with third-party services is at their own risk, and Emhance shall not be held liable for any issues arising from these third-party services.

• Third-Party Terms and Conditions: Each third-party service or product may have its own terms and conditions, privacy policies, and usage requirements. When using such third-party services, users are bound by those separate agreements. In case of a conflict between these Terms and the third-party terms, these Terms will apply to the use of Emhance's services, while the third-party terms will govern the third-party offerings.

7.2 Third-Party Content and Intellectual Property

• Licensing Third-Party Content: Emhance may provide users with access to content created by third parties, including educational materials, media, and products (e.g., videos, articles, research publications). This content remains the intellectual property of the third-party creators, and users are granted a limited, non-exclusive, non-transferable license to use such content solely for personal and educational purposes.

• Restrictions on Third-Party Content: Users are prohibited from distributing, reproducing, or creating derivative works based on third-party content unless specifically authorized by the third party or by Emhance. Users must respect the intellectual property rights of third-party providers and adhere to any limitations on usage specified in the third-party agreements or content.

7.3 Third-Party Payment Processors

• Payment Processing by Third Parties: Emhance uses third-party payment processors to handle financial transactions, such as credit card payments, subscriptions, and other transactions made on the Platform. When making a payment, users will be redirected to a third-party payment processor's website or platform, where they will need to agree to the processor’s terms and conditions.

• Security and Data Privacy: Emhance takes all reasonable measures to protect user payment information and complies with applicable data security regulations. However, users should review the payment processor’s privacy policies and terms to understand how their payment information is handled and stored.

7.4 Third-Party Links

• External Links: The Platform may include links to third-party websites, services, or resources that are not operated or controlled by Emhance. These links are provided for convenience or additional information. Emhance is not responsible for the content, practices, or privacy policies of these third-party websites.

• User Responsibility: Users acknowledge that they are entering into an external relationship by visiting third-party websites and that Emhance is not liable for any damages, losses, or issues that arise from using or interacting with those external sites. Users should review the terms and privacy policies of any third-party websites they visit.

7.5 Integration with Third-Party Software or Platforms

• Third-Party Integrations: Emhance may offer integrations with third-party software, platforms, or services not including but not limited to, such as learning management systems (LMS), video conferencing tools, cloud computing, or customer relationship management (CRM) systems. These integrations may provide users with enhanced functionality, including seamless access to services or better user experience.

• Responsibility and Limitations: Emhance does not guarantee the uninterrupted or error-free operation of third-party integrations. If any third-party service or software is temporarily unavailable or malfunctioning, Emhance will make reasonable efforts to restore access, but Emhance is not liable for any loss or inconvenience caused by such issues.

7.6 Third-Party Product Sales and E-Commerce

• Products Sold by Third Parties: Emhance may act as a facilitator or intermediary for third-party product sales, such as emergency response gear, safety equipment, services or related materials. When purchasing products from third-party vendors, enhance may choose to refer users into a transaction directly with the third-party seller, and Emhance is not a party to this transaction.

• Warranty and Return Policies: Users should review the warranty, return, and refund policies provided by third-party vendors before purchasing products through Emhance. Emhance will not be responsible for any product defects, issues, or warranty claims that arise with third-party products.

• Dispute Resolution: Any disputes arising from transactions involving third-party products should be directed to the third-party vendor. However, Emhance will assist users in resolving any product-related issues if the product was purchased through the Platform, as per the terms of the third-party seller.

7.7 Indemnification for Third-Party Services

• Indemnification: Users agree to indemnify and hold Emhance harmless from any claims, damages, or liabilities arising from their use of third-party services, content, products, or links, including but not limited to:

  • Any violation of the third-party’s terms and conditions.

  • Any harm or injury caused by the use of third-party products or services.

  • Any claims related to the content or materials provided by third parties.

7.8 Disclaimers Regarding Third-Party Services

• No Endorsement: Emhance does not endorse, warrant, or assume any responsibility for third-party services, content, or products accessed through the Platform. The inclusion of a third-party service, content, or product on the Platform does not constitute an endorsement of that third party.

• Third-Party Availability: Emhance does not guarantee that third-party services or products will always be available or functional. If a third-party service becomes unavailable or changes its terms, Emhance will not be held responsible for any disruptions in service or the availability of third-party content.

8. Intellectual Property
8.1 Ownership of Intellectual Property

• Emhance Intellectual Property: All intellectual property rights related to the services, training materials, website, e-commerce platform, digital content, logos, trademarks, designs, and any proprietary materials produced by Emhance International Responder Development (collectively, the “Emhance IP”) are owned by or licensed to Emhance. This includes, but is not limited to, copyrights, trademarks, patents, trade secrets, and any other intellectual property rights under Dutch law and international conventions.

• Grant of License: Subject to the terms and conditions of these Terms of Service, Emhance grants users a non-exclusive, non-transferable, revocable license to access and use Emhance’s services and products, including training materials, content, and digital products, for personal and non-commercial purposes only. This license does not grant users any rights to copy, distribute, modify, or otherwise exploit Emhance’s IP except as expressly permitted in writing by Emhance.

• User-Generated Content: Users may contribute content (such as feedback, questions, comments, or user-uploaded materials) to the Platform. By submitting such content, users grant Emhance a perpetual, worldwide, royalty-free, irrevocable license to use, modify, display, and distribute the content in connection with Emhance’s business, including the promotion of its services, without compensation to the user.

• Use of Media
  By participating in any services, training, events, or programs provided by Emhance International Responder Development, you acknowledge and agree that Emhance, or its authorized representatives, may capture photographs, videos, and audio recordings during these activities. These media may be used for promotional, marketing, training, and educational purposes, including but not limited to use on our website, social media channels, presentations, and other promotional materials.

• Ownership of Content
  All photos, videos, and audio recordings taken by Emhance during services, events, training sessions, or operations are the exclusive property of Emhance International Responder Development. We retain full ownership of these materials, including any rights to use, edit, distribute, or publicly display them, in accordance with applicable copyright law.

• Consent to Use
  By agreeing to these Terms, you provide your consent for Emhance to use, edit, and distribute any photographs, videos, or audio recordings in which you appear, without any further compensation or notification. If you do not wish to be recorded, please notify Emhance staff in writing prior to the start of any event, training, or program.

• Opting Out
  If you wish to withdraw your consent to the use of your image or likeness in future media materials, you must contact Emhance in writing at the provided contact details. Please note that any media recorded prior to your opt-out request may still be used in existing promotional materials.

• Third-Party Media
  If you are featured in media created by third parties or collaborators in conjunction with Emhance activities, such as joint promotional videos or event coverage, the terms of use for such content may be governed by separate agreements between Emhance and the third party.

• Privacy Considerations
  Emhance takes reasonable steps to respect your privacy in the creation and distribution of media. We will avoid including personal, sensitive, or private information in any photos, videos, or audio recordings, but we may use your likeness and voice in public-facing materials such as brochures, online content, or advertisements. You agree to release Emhance from any claims, damages, or liabilities resulting from the use of such media.

8.2 Third-Party Intellectual Property

• Third-Party Content: Some content provided through Emhance’s services, such as training materials, e-learning courses, and digital products, may be owned by third parties (e.g., content creators, publishers, or licensing entities). The use of such third-party content is subject to the terms and conditions set forth by the content owner or licensing entity.

• Respect for Third-Party Rights: Users agree to respect the intellectual property rights of third parties when using Emhance’s services and products. Users must not reproduce, distribute, modify, or create derivative works based on third-party content unless authorized by the third-party owner. Any unauthorized use of third-party content may result in the termination of services and potential legal action.

8.3 Copyright Infringement and DMCA Policy

• Reporting Copyright Infringement: Emhance respects the intellectual property rights of others and expects users to do the same. If a user believes that their copyrighted work has been infringed upon by content available on the Platform, they should contact Emhance by providing the following information:

  1. A description of the copyrighted work that is allegedly being infringed.

  2. A description of the location where the allegedly infringing material is located on the Platform.

  3. A statement by the user indicating that they believe, in good faith, that the use of the material is not authorized by the copyright owner or the law.

  4. A statement by the user under penalty of perjury that the information provided is accurate, and that they are the copyright owner or authorized to act on behalf of the copyright owner.

  5. Contact information (e.g., address, telephone number, and email address) for the user filing the complaint.

• Response to Claims: Upon receiving a valid copyright infringement notice, Emhance will investigate the claim and may remove or disable access to the allegedly infringing material in accordance with applicable copyright laws. Emhance reserves the right to terminate the accounts of repeat infringers in appropriate cases.

• Counter-Notification: If a user believes that their content was removed due to a mistake or misidentification, they may submit a counter-notification. The counter-notification must include:

  1. A description of the removed material and its location prior to removal.

  2. A statement under penalty of perjury that the user has a good faith belief that the material was removed due to a mistake or misidentification.

  3. Contact information for the user and a statement consenting to the jurisdiction of the court in ‘s-Hertogenbosch, Netherlands.

  4. A signature (electronic or physical) of the user.

8.4 Trademarks

• Emhance Trademarks: All trademarks, logos, and brand names associated with Emhance, including "Emhance International Responder Development" and any associated logos, are the property of Emhance or its licensors. These trademarks are protected under Dutch and international trademark laws. Users may not use, reproduce, or display these trademarks without express written consent from Emhance.

• Third-Party Trademarks: Any trademarks, service marks, logos, or brand names belonging to third parties that appear on the Platform are the property of their respective owners. Users may not use, copy, or distribute these third-party trademarks without the permission of the respective owners.

8.5 Use of Emhance’s Materials and Content

• Training Materials and Course Content: Users are granted a limited license to access and use Emhance’s and Third parties training materials, course content, and other educational resources solely for their personal and non-commercial use. Any redistribution, reproduction, or commercial use of such materials is strictly prohibited unless authorized in writing by Emhance.

• Digital Products and Software: Users who purchase digital products, software, or online courses from Emhance are granted a limited, non-exclusive license to access and use the digital products for personal use only. Reproduction, distribution, or modification of the digital products, including any associated software or course materials, is prohibited without prior written consent from Emhance.

8.6 Protection of Emhance’s Intellectual Property

• Unauthorized Use of Emhance’s IP: Users agree not to use Emhance’s intellectual property in any way that could infringe upon or harm the integrity, reputation, or value of Emhance’s IP. This includes, but is not limited to:

  • Copying, reproducing, or distributing Emhance’s training materials, software, or course content without authorization.

  • Creating derivative works based on Emhance’s IP.

  • Using Emhance’s trademarks, logos, or brand names in a manner that causes confusion or suggests an affiliation with Emhance without prior consent.

• Reporting Unauthorized Use: If users become aware of any unauthorized use of Emhance’s intellectual property, they are encouraged to report such instances to Emhance promptly. Emhance reserves the right to take appropriate legal action and lay claims to protect its IP rights.

9. Privacy and Data Protection
Emhance International Responder Development is committed to protecting your privacy. By using our services, you agree to the collection and use of your personal data in accordance with our Privacy Policy.

• Personal Data: We collect personal information to provide our services, process payments, and communicate with you. This information is handled securely and in compliance with applicable data protection laws.

• User Rights: You have the right to access, correct, or delete your personal data, as well as other rights under applicable data protection laws. For more details, please refer to our Privacy Policy.

• Cookies: We use cookies to improve your experience on our Platform. You can manage cookies through your browser settings.

For more information about how we handle your personal data, please review our full Privacy Policy.
 
10. Changes to the Platform and Termination
Emhance International Responder Development is committed to continuously improving and enhancing the services we provide. As part of this commitment, Emhance may, at its sole discretion and without prior notice:

• Change, modify, or update the Platform, including adding or removing features.

• Discontinue or stop providing certain services or features, either to individual users or to all users generally.

• Implement usage limits, access restrictions, or other limitations on the Platform.

Emhance reserves the right to permanently or temporarily downgrade, suspend, terminate, or restrict your access to the Platform or any part of the services if, in our sole judgment, you have violated any provision of this Agreement, Emhance’s policies, or guidelines.
Users may choose to discontinue or terminate their use of the Platform and services at any time. In such cases, any outstanding obligations, including payments, remain due and payable.
Effect of Termination
Upon termination, whether initiated by Emhance or by the user, all licenses granted to you under these Terms of Service will immediately cease, and you must promptly discontinue all use of the Platform and any related services. Any provisions of these Terms that by their nature should survive termination shall continue to remain in effect, including but not limited to Intellectual Property Rights, Confidentiality, and Limitation of Liability.
 
11. Dispute Resolution, Severability and Governing Law
11.1 Governing Law
These Terms of Service, and any disputes arising out of or related to your use of the services, shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of 's-Hertogenbosch, Netherlands for any disputes arising from these Terms.
11.2 Dispute Resolution Process

• Negotiation: In the event of a dispute, Emhance International Responder Development encourages users to first attempt to resolve the matter informally by contacting our customer support team at [email/contact info]. We will make reasonable efforts to resolve any concerns amicably.

• Mediation: If the dispute cannot be resolved through direct negotiation, both parties agree to attempt to resolve the dispute through mediation before resorting to legal action. The mediation will be conducted in accordance with the rules of a reputable mediation organization, and the location of mediation will be agreed upon by both parties.

• Litigation: If the dispute remains unresolved after negotiation or mediation, either party may pursue the matter in a court of competent jurisdiction. As stated above, disputes will be handled exclusively in the courts of ‘s-Hertogenbosch, Netherlands.

11.3 Limitation of Liability
To the fullest extent permitted by applicable law, Emhance International Responder Development, its officers, employees, contractors, and affiliates (collectively, "Emhance") shall not be held liable for any indirect, incidental, special, punitive, or consequential damages, including, but not limited to, loss of profit, revenue, business, goodwill, data, or any other intangible loss, arising out of or in connection with the use or inability to use our services or products, even if Emhance has been advised of the possibility of such damages.
Types of Liability Excluded:

• Indirect and Consequential Damages: This includes any loss that is not directly caused by the service or product, such as loss of business opportunities, reputation, or consequential impacts that result from using or relying on our services or products.

• Punitive Damages: Emhance will not be liable for damages intended to punish or deter wrongful conduct.

• Loss of Data: Emhance shall not be liable for any data loss or corruption that may occur during the use of our services or products.

• Loss of Profits: Emhance is not responsible for any lost profits or business revenues that may arise in connection with any service failure or dissatisfaction.

Maximum Liability:
Our total liability in relation to any claim, action, or legal proceeding arising out of or relating to these Terms of Service, whether in contract, tort (including negligence), or otherwise, will not exceed the amount paid by the user for the specific service or product that gave rise to the claim.
Insurance Coverage:
While Emhance maintains reasonable and adequate insurance coverage to mitigate certain operational risks, including liability for personal injury or property damage during the course of our services (e.g., during training sessions, field operations, and consultancy), such insurance coverage does not extend to cover indirect, incidental, special, punitive, or consequential damages. The existence of insurance coverage shall not modify or affect the limitations of liability set forth in these Terms.
No Liability for Third-Party Services:
Emhance shall not be liable for any third-party services or products provided as part of our offerings, such as third-party software, equipment, or services integrated into our training, consultancy, or e-commerce operations. Users acknowledge and agree that the liability for third-party products or services is governed by the terms of service and liability limitations of the third-party provider.
Acknowledgment of Risk:
By engaging in our services, you acknowledge and accept the inherent risks involved, particularly for high-risk activities (e.g., and not limited to; emergency response training, search and rescue, crisis management) where the potential for harm, injury or death may be elevated. You agree that you will assume full responsibility for any loss, injury, or damage that may occur, and that the limitations of liability outlined in these Terms will apply.
 
11.4 Force Majeure
Emhance International Responder Development shall not be held liable for any failure or delay in the performance of its obligations under these Terms of Service, including the provision of services or delivery of products, if such failure or delay is caused by circumstances beyond Emhance's reasonable control. This includes, but is not limited to, any event or circumstance that is unforeseen, unavoidable, or out of the company’s control, which materially affects our ability to carry out our obligations as agreed.
Events of Force Majeure:
Force majeure events may include, but are not limited to, the following:

• Natural Disasters: Earthquakes, floods, hurricanes, wildfires, storms, or other extreme weather events.

• Strikes and Labor Disputes: Work stoppages, strikes, or industrial actions, whether involving Emhance’s employees, contractors, or third parties essential to our operations.

• War and Military Actions: Armed conflict, war (declared or undeclared), military actions, or civil war, whether domestic or international.

• Terrorism: Acts of terrorism, sabotage, or destruction, including cyberattacks and threats to the safety and security of individuals.

• Government Action: Any acts, decrees, orders, or regulations from local, national, or international government authorities, including but not limited to lockdowns, travel restrictions, or curfews imposed in response to crises.

• Pandemics or Health Crises: Outbreaks of diseases, pandemics, or public health emergencies, including restrictions on travel, gatherings, or operations imposed by health authorities.

• Supply Chain Disruptions: Shortages, delays, or failures in the supply of goods or services due to factors outside of Emhance’s control (e.g., global shipping disruptions, unavailability of materials).

• Energy Failures: Power outages, internet or telecommunications failures, or interruptions in necessary utilities, affecting our ability to deliver services.

• Changes in Law or Regulation: Any new laws, regulations, or restrictions imposed by governmental or regulatory bodies that impact our ability to perform as agreed.

• International Sanctions or Trade Restrictions: Restrictions on trade or international relations, including sanctions or embargos that may hinder the provision of services or access to necessary resources.

• Traffic Delays: Significant traffic disruptions, road closures, or accidents that delay the provision of services, particularly in cases where Emhance personnel or goods are required to be on-site for operational or support purposes.

• Accidents: Any unforeseen accidents or incidents, whether or not limited to involving Emhance personnel, contractors, or third parties, that may disrupt service delivery. This includes accidents during training, transportation, operations or any other activities essential to the provision of our services.

• Death: The death of key personnel or contractors within Emhance, or other unforeseen fatal circumstances that materially impact Emhance’s ability to fulfill its obligations.

Effect of Force Majeure:
In the event of a force majeure event:

• Suspension of Obligations: Emhance’s obligations to perform under these Terms will be temporarily suspended for the duration of the force majeure event. We will make reasonable efforts to mitigate the impact of such events on our services.

• No Liability: Emhance shall not be deemed in breach of these Terms, nor shall it be held liable for any delays or failure in performance caused by a force majeure event.

• Notice to Users: Emhance will notify affected users as soon as reasonably possible regarding the occurrence of a force majeure event, outlining the expected impact on services and the anticipated duration of any delay.

• Partial Performance: In the event of a force majeure, if it is possible to partially perform or fulfill some of Emhance’s obligations, we will strive to do so. Emhance will make commercially reasonable efforts to continue providing services or products in part, and adjust timelines, deliveries, or other arrangements where possible. However, if full performance is impossible, Emhance will notify users accordingly and provide alternative solutions, such as rescheduling or offering a refund where applicable.

Resumption of Services:
Once the force majeure event has passed, Emhance will resume performance of its obligations under these Terms as soon as reasonably possible. Users will be notified of the resumption of services and any adjustments to timelines or deliveries.
Limitation:
Nothing in this section shall excuse Emhance from liability for any failure or delay in the performance of obligations that are not directly caused by a force majeure event, nor shall it extend the time for performance indefinitely.
11.5 Severability
If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable under the laws of the Netherlands or any applicable jurisdiction, such provision shall be deemed severed from the remainder of the Terms, which shall continue in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that most closely reflects the intent of the original provision.
11.6 Compliance with Laws
In the event that any part of these Terms of Service conflicts with applicable local, national, or international laws, the law shall prevail over these Terms to the extent necessary to ensure compliance. This may result in modifications to the Terms of Service to comply with applicable law, while the rest of the Terms shall remain intact and enforceable.
 
12. Contact Information and Complaints
12.1 Contact Information
If you have any questions or concerns regarding these Terms of Service, your use of Emhance International Responder Development's services, or any other inquiries, please do not hesitate to contact us. Our customer support team is available to assist you.
Contact Information:

• Email: info@emhance.com

• Phone: +31 657684202

• Website: www.emhance.com

For privacy-related inquiries or requests related to your personal data, please refer to our Privacy Policy or contact us directly at info@emhance.com.
12.2 Complaints
At Emhance International Responder Development, we are committed to providing high-quality services. If you are dissatisfied with any aspect of our services or products, we encourage you to submit a formal complaint so we can address your concerns.
How to File a Complaint:

• Email: Please send a detailed description of your complaint to info@emhance.com.

• Phone: Alternatively, you can contact our customer service team at +31 657684202

• Complaint Handling Process: Upon receipt of your complaint, we will acknowledge it within 14 business days.

• We will investigate the issue and respond with a resolution or update within 30 business days, depending on the nature of the complaint.

• If the complaint is unresolved to your satisfaction, you may escalate the matter by
  following the Dispute Resolution procedure outlined in Section 10 of these Terms.

13. Right of Refusal of Services

13.1 Right to Refuse Service
Emhance International Responder Development reserves the right to refuse service to any individual or organization at our sole discretion, without the need for explanation. This includes, but is not limited to, situations where Emhance determines that:

• The individual or organization poses a safety risk to themselves, others, or our staff.

• There is a violation of these Terms of Service or any applicable laws or regulations.

• The individual or organization fails to meet the necessary qualifications, fitness or requirements for a particular service, program, or training.

• The individual or organization engages in disruptive, inappropriate, or unprofessional behavior, either during the service provision or at any other time.

13.2 Immediate Termination of Services
Emhance also reserves the right to immediately terminate or suspend services to any participant or client if:

• The individual or organization engages in any conduct that compromises the integrity or safety of the services provided.

• The participant or client fails to cooperate with Emhance staff, instructors, or other participants, or acts in a way that disrupts the smooth running of training sessions, programs, or operations.

• The participant or client engages in illegal activities or violates local, national, or international laws while receiving services from Emhance.

• The individual or organization fails to comply with reasonable requests from Emhance staff or contractors, or if there is a reasonable belief that they will continue to fail to do so.

13.3 No Refund in Case of Refusal or Termination
In the event that Emhance exercises its right to refuse or terminate services, there shall be no refund for any fees, charges, or payments made by the individual or organization for the services in question. Participants will remain responsible for any unpaid amounts or obligations incurred prior to the refusal or termination of services.
13.4 Notification of Refusal
If Emhance refuses to provide services or terminates an agreement, the individual or organization will be notified in writing. This notification will include the reasons for refusal or termination, if applicable. However, Emhance is not required to provide a detailed explanation for such a decision.
13.5 Right to Appeal
In cases where services are refused or terminated, the individual or organization may appeal the decision in writing to Emhance, outlining any reasons for reconsideration. Emhance will review the appeal and determine whether any adjustments to the decision are appropriate. However, Emhance's decision in such matters will be final.