Terms of Use of Talent4NL (version 12 feb 2018)

Please read this terms of use agreement (the “Agreement”) carefully. Your use of this Site (as defined below) constitutes your acceptance to be bound by this Agreement. If you do not agree to the terms of this Agreement, please do not use this Website.

This Agreement is between:

  • You (“You”, “Your”, “User(s)”); and
  • Talent4NL (“Talent4NL”, “T4NL”, We”, “Us”, “Our”) concerning:

relating our:

Access to and use of the website owned and controlled by Talent4NL, from which You are accessing this Agreement (the “Site”, “Sites”, “Website”, “Site Content”)

Courses  and services (“Course(s)”, “Workshop(s)”, “Training” Product(s)”, “Service(s)”, “Coaching”).

  1. Agreement

By accessing, browsing or using the Site, You agree to the terms of this Agreement, including our Privacy Policy and to any additional rules and guidelines that We post on the Site.

This Agreement, together with Our Privacy Policy and any other specific rules or guidelines introduced by Us on Our Site, constitute the entire agreement between You and Us in relation to Your access and use of Our Site, and supersedes all prior oral or written agreements or understandings with respect to the subject of this Agreement.

We may make changes to this Agreement from time to time; we may notify You of such changes by any reasonable means, including by posting the revised version of this Agreement on the Site. Your use of the Site following changes to this Agreement will constitute Your acceptance of those changes; provided, however, absent Your express consent, any material change to this Agreement shall not apply retroactively to any claim or dispute between You and Us in connection with this Agreement. We may, at any time, modify or discontinue all or part of the Site; charge,

modify or waive fees required to use the Site; or offer opportunities to some or all Site Users.

  1. Website

In consideration for Your agreement to the terms and conditions contained here, Talent4NL grants You a personal, non-exclusive, non-transferable license to access and use the Sites. You may download material from the Sites only for Your own personal, non- commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material. The burden of determining that use of any information, software or any other content on the Site is permissible rests with You.

  1. Payment

Payment is in cash, unless agreed otherwise. Payment in cash also includes a bank transfer to the bank account as indicated by Talent4NL at the moment of purchase or payment via Internet banking.

If payment in installments has been agreed, You must pay according to the installment periods and the percentages as agreed. Payment of the Product and/or Service takes place prior to the commencement of the education or training course. Talent4NL is entitled to demand full payment of the course fee within not less than 10 working days prior to the commencement of the course.

You are considered to be in default once the payment date has expires, Talent4NL sends a payment reminder after the payment has expired and allows You to pay within 10 working days on receipt of the reminder. If payment has not been made after the 10 working days following the reminder, Talent4NL is then entitled to charge interest and any extrajudicial collection costs. The interest may be charged from the payment expiry date and is equal to the statutory interest rates.

  1. Access and use

Talent4NL provides access to and use of the site on the following terms:

  1. a) You agree to access and use the Site and/or soliciting goods or services in strict compliance with this Agreement except as may be specifically authorized on the Site;
  2. b)  solicits funds, advertisers or sponsors;
  3. c)  includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  4. d)  disrupts the normal flow of dialogue, causes a screen to scroll faster than other Users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;
  5. e)  disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site.
  6. f)  You agree to use the Site only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Site. You may not impersonate another person.
  7. g)  You are not permitted to probe, scan or test the vulnerability of the Site or any network connected to it, nor breach the security or authentication measures on the Site or any network connected to it.
  8. h)  You are not permitted to interfere by any automatic or manual device, program, algorithm or methodology with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
  9. i)  You are not permitted to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms or any other similar programs or computer codes designed to harm or disable operation of computer software or hardware.

You acknowledge and agree that any of Your violations of the terms of the terms of access and use under this Agreement may result in immediate restricting or terminating Your access or using of the Site without prior notice by Talent4NL. In such case, Your account may be immediately deleted by Talent4NL. In no event shall Talent4NL be liable for any loss or damage connected to the deletion of the account and/or Your temporary inability to access or use the Site.

  1. Personal information

You understand that any personal information You submit to Talent4NL on the Site will be treated by Talent4NL in the manner described in the Privacy Policy and in accordance with the Dutch Data Protection Act (Wet bescherming persoonsgegevens) and the European Data Protection Directive (95/46/EC). If You object to Your personal information being transferred or used in the way described In Our Privacy Policy, please do not provide any personal information to Us. In such case, We may not be able to provide You with the services that can be offered on our Site.

  1. Your account

Any passwords used for the Site are for individual use only. If You use the Site, You are responsible for the security and maintaining the confidentiality of Your account and password, if any, and for restricting access to Y our computer, and You agree to accept responsibility for all activities that occur under Your account or password.

Talent4NL shall be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that Talent4NL considers insecure, Talent4NL will be entitled to require the password to be changed and/or terminate Your account.

Although under no obligation to do so, Talent4NL reserves the right to monitor use of the Site to determine compliance with this Agreement, as well as the right to remove or refuse any information for any reason.

In addition, You are not permitted to post, send, submit, publish, or transmit in connection with the Site any material that:

  1. a)  You do not have the right to post, including proprietary material of any third party;
  2. b)  advocates illegal activity or discusses an intent to commit an illegal act;
  3. c)  is vulgar , obscene, pornographic, or indecent;
  4. d)  does not pertain directly to the Site;
  5. e)  threatens or abuses others, libels, defames, invades privacy, stalks, racist, abusive, harassing, threatening or offensive;
  6. f)  seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  7. g)  infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  8. h)  violates any law or may be considered to violate any law;
  9. i)  impersonates or misrepresents Y our connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  10. j)  advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners,

You are responsible for making all arrangements essential for You to access and use the Site.

To access the Site or some of the resources it has to offer, You may be asked to provide certain billing and registration details or other information. It is a condition of Your use of the Site that all the information You provide on the Site will be correct, current, and complete. If Talent4NL believes the information You provide is not correct, current, or complete, we have the right to remove or edit content, refuse You access to the Site or any of its resources, and to terminate Y our account or suspend Y our access at any time, or cancel any orders at its sole discretion and without notice.

If You are under 18, You may purchase Products or Services only through a parent or guardian.

  1. Copyright

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to access or use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by this Agreement; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

Without prejudice to Section 11 of this Agreement, Talent4NL uses best efforts to ensure that it respects the intellectual property rights of others. If You believe Your copyright has been violated on an Talent4NL Site, please give prompt written notice to Talent4NL.

Prices and availability of Products and/or Services on the Site are subject to change without notice. Errors will be corrected when discovered.

Our Site contains a large number of Products and/or Services and it is always possible that, despite our best efforts, some of the Products and/or Services listed on our Site may be incorrectly priced. If a Product’s or Service correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact You for instructions before dispatching the Products and/or Services, or reject Your order and notify You of such rejection. We are under no obligation to provide the Products and/or Services to You at the incorrect (lower) price, even after we have sent You an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as a pricing error.

On occasion, You may be able to place a Product and/or Service in Your shopping cart and submit Your order for processing, but Your order is subsequently cancelled due to unavailability of Products and/or Services.

You acknowledge that Products and/or Services may sell quickly and there may be a short period of time after an order has been submitted, but where the Product or Service is no longer available. You agree that we may cancel Y our order after You have received an Order Confirmation without penalty.

You must pay in full or provide a valid purchase order before the start of any training event or Course.

  1. Cancellation

All cancellations must be received in writing and sent to info@talent4nl.com. You may cancel/transfer Your enrolment in a Course:

  • without penalty: at least 30 days prior to the starting date of the Course.
  • with payment of an administrative charge of €125 if the cancellation is 10 until 30 days before the starting date of the Course.
  • No refunds are given in cases where participation is cancelled 10 days before, on, or after, the date on which the Course starts.

Occasionally, due to various circumstances, Talent4NL may change Workshop or Course schedules or locations or cancel a Course without specifying the reasons thereof. If Talent4NL cancels the Course in which You have enrolled and is not able to reschedule You into another Course that is acceptable to You, Talent4NL will refund the price You have paid for the relevant Course within fourteen days and will in no event have any further liability to You with regard to the cancelled Course. Hereby You waive any claims towards Talent4NL in case of any damage or loss connected to such rescheduling or cancellation of a Course.

  1. Trademarks

Trademarks, service marks, and logos appearing in the Site are the property of Talent4NL or the party that provided the trademarks, service marks, and logos to Talent4NL. Talent4NL and any party that provided trademarks, service marks, and logos to Talent4NL retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in or on the Site.

  1. Prices and Products and/or Services

During fourteen days after Talent4NL has sent You an order confirmation, You can cancel their course without giving a reason and without incurring charges or penalties.

  1. Submissions

You hereby grant Talent4NL the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Talent4NL through the Site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.

Without prejudice to Our data privacy obligations under Section 4 of this Agreement, Talent4NL will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Talent4NL operations.

You remain solely responsible for the content of Your submissions. You acknowledge and agree that neither Talent4NL, nor any third party that provides Content to Talent4NL, will assume or have any liability for any action or inaction by Talent4NL or such third party with respect to any Submission. Furthermore, You agree that, if a third party claims that any Submission to the Site is unlawful, You will bear the burden of establishing that the Submission complies with all applicable laws.

  1. Disclaimer

Talent4NL shall operate the Site with best care, skill and knowledge, making the best effort to enable to use it in a safe and enjoyable way. For that purpose, Talent4NL has implemented a technically and commercially reasonable security system of the Site.

However, due to lack of absolute safety of any transmission of data in the Internet, Talent4NL does not guarantee that accessing and using the Site is completely safe and does not take any responsibility for any harm of Your computer hardware or software connected to using the Site. You are strongly recommended to take all necessary precautions before each access to the Site, in particular to check for any viruses or other things that could adversely affect your computer hardware or software.

Talent4NL is not responsible for temporary suspension with or without notice of the Site(s) in case of any system failure, maintenance or repair or any other reasons beyond Talent4NL’s control.

To the extent permitted by law, Talent4NL excludes:

  1. a)  its liability for any loss or damage incurred by the User or any third party, (whether direct, indirect, including loss of profits, consequential damage etc.) resulting from or in any way connected with the use of the Site or its content, whether caused by negligence, misrepresentation, breach of any statutory duty or breach of contract, even if foreseeable;
  2. b)  all representations, conditions and warranties which might otherwise be implied by any statute;
  3. c)  its liability for any errors and omissions, inaccuracies or incomplete and untrue information, including advertising information, or misuse of copyright on the Site.

Terms and Conditions do not limit Talent4NL’s liability for death or personal injury resulting from negligence, fraud or other any other type of liability that, by law, cannot be limited or excluded.

  1. Hyperlinks

We are not responsible for the content of any Sites that may be linked to/or from the Site.

The Site may be hyperlinked to other Sites which are not maintained by, or related to, Talent4NL. Hyperlinks to such Sites are provided as a service to Users and are not sponsored by or affiliated with the Site. Talent4NL has not reviewed any or all of such Sites and is not responsible for the content of those Sites. Hyperlinks are to be accessed at the User’s own risk, and Talent4NL makes no representations or warranties about the content, completeness or accuracy of these hyperlinks or the Sites hyperlinked to the Site. Further, the inclusion of any hyperlink to a third-party Site does not necessarily imply endorsement by Talent4NL of that Site.

  1. Security

Talent4NL reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Talent4NL to disclose the identity of anyone posting any (e-mail) messages, or publishing or otherwise making available any materials that are believed to violate this Agreement.

Talent4NL has implemented a number of security measures, including measures to prevent unauthorized parties from accessing personal information.

In addition to Your obligations under Section 3 of this Agreement, You are prohibited from using any Services provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, Talent4NL reserves the right to release Your details to system administrators at other Sites in order to assist them in resolving security incidents. Talent4NL reserves the right to investigate suspected violations of this Agreement.

  1. Queries and complaints

Talent4NL will react on any administrative queries or questions about the content of the education service within 5 working days and will provide You with a full written response within 28 working days, counting from the date on which We received the query/question. If the query requires a foreseeably longer answer, You will receive a confirmation of receipt from Us, plus an indication of when You can expect a more detailed answer.

If a complaint still cannot be solved in mutual consultation, it becomes a dispute, applicable to the dispute settlement rules in Article 16.

  1. Jurisdiction

This Agreement is construed and shall be governed by and interpreted in accordance with the laws of the Netherlands, without regard to any of its conflict of law provisions. All disputes resulting from or arising out of this Agreement, which are not settled by the Arbitrator, shall exclusively be submitted to the competent court in Utrecht, The Netherlands.