GENERAL CONDITIONS FOR VETINED USERS
Article 1. Definitions
Service: Granting access to the Website, providing information and Teaching Materials, enrolment in training courses, providing the possibility of posting messages on the Forum and submitting questions to Teachers.
Teacher: The private individual or legal entity that has developed the Teaching Materials.
Forum: The forum provided on the Website, on which Users can post messages regarding their experiences and needs in respect of the Service offered by Vetined.
User: Any private individuals, legal entities, partnerships without legal personality, as well as their representatives and attorneys-in-fact, that use the Service.
COPA: Abbreviation of Competentie Onderzoek, Paspoort en Accreditatie (Competency Review, Passport and Accreditation): a test relating to the Teaching Materials made available by Vetined on the Website against payment of a fee.
Teaching Materials: The materials provided on the Website against payment of a fee, including presentations, educational tests and COPAs.
Parties: Vetined/EduVet Dierenkliniek and the User.
Vetined: Vetined V.O.F., a general partnership, having its registered office and principal place of business at Watermolen 24, 7371 SR Loenen, the Netherlands, trading under the name of EduVet Dierenkliniek.
Website: The Vetined website made available via various domain names, including www.vetined.nl. The EduVet Dierenkliniek website (in repair) made available via various domain names, including www.eduvet.nl.
Article 2. Applicability of the Conditions
- These conditions will apply to, and form an integral part of, all advertisements, offers and acceptances issued, work performed, and products and/or services provided, by Vetined.
- By visiting the Website, as well as by registering, the User agrees to these conditions. When registering, these conditions are to be expressly accepted by checking the designated box.
- Any variations from these conditions will be valid only if expressly agreed with Vetined in writing.
- If any of the provisions of these conditions is null and void or is nullified, the other provisions of these conditions will remain in full force and effect.
- Vetined will have the right to amend these conditions. Any amendments will also apply to agreements already entered into, subject to the following provisions: any amendments affecting a User with whom an agreement has already been entered into will be announced on the Website in good time. Any such amendments will take effect 30 days following announcement, or at such later date as is stated in the announcement, unless the User communicates, within such term, not to accept the amendment.
- No failure to enforce any provisions of these conditions will be construed as a waiver by Vetined of the right to invoke such provisions at a later stage.
- In the event of differences in the construction of these conditions, the Dutch text will at all times prevail.
Article 3. Registration and personal data
- Before the User can download the Teaching Materials or post messages on the Forum, the User is to register with Vetined. Registration is effected by completing the registration form. A registration will be effected only after confirmation by Vetined to the User by email and ratification of such confirmation by the User, by clicking the link included in the email message.
- Vetined reserves the right to remove any non-confirmed accounts or accounts that have been inactive for a long period of time.
- Vetined reserves the right, e.g. in the event of doubt as to the lawfulness, authority and/or solvency of the User, to reject a registration.
- Vetined will be responsible for processing the data to be collected for purposes of operation of the Service. In accordance with the Dutch Personal Data Protection Act [Wet Bescherming Persoonsgegevens], the processing of the data has been reported to the Regulatory Body, i.e. the Dutch Data Protection Authority in The Hague.
Article 4. Use and content of the Service
- Vetined does not warrant that the Service provided by Vetined is fit for the purpose for which the User intends to designate or use it, even if such purpose has been communicated to Vetined, unless expressly agreed otherwise between the Parties.
- Vetined does not warrant that the information on the Websites is correct, complete and suitable, that the Website and/or the Service will perform without interruption and will be free of viruses and/or other errors and/or defects, nor does Vetined warrant completely secure access to the Websites and/or the Service. Vetined cannot be held accountable or liable in that respect.
- Vetined may temporarily render the Websites inoperable in order to perform maintenance on the Websites or make adjustments and/or modifications to the Websites, without any entitlement to damages arising on the part of the User as a result.
- Vetined will be in default only if, after having been given written notice of default by the User, setting a reasonable term for performance of the obligations undertaken by Vetined vis-à-vis the User, Vetined fails to perform such obligations within such term.
- The User may file complaints about Vetined’s Service at email@example.com. Any complaints are to be filed within a reasonable term of having arisen, sufficiently clearly and substantiated. Vetined will handle any such complaints as soon as possible.
Article 5. Access to Teaching Materials, enrolment in training courses and posting of Forum messages
- After the User has registered by way of the registration form made available on the Websites, the User may purchase Teaching Materials or post Forum messages or enrol for training courses.
- Before the User places an order for Teaching Materials, an option will be provided to check and, where necessary, change the order. If the order is correctly reflected, the User may request Vetined to execute the order. An agreement will be formed only after confirmation by Vetined to the User by email and ratification of such confirmation by the User, by clicking the link included in the email message.
- For paid orders, the User is to go through the checkout procedure before the agreement can be formed. After receipt of payment by Vetined via the indicated payment method, Vetined will confirm the order by email and grant access to the Teaching Materials ordered.
- The conditions of formation of the (paid or unpaid) agreement will be sent to the User by Vetined together with the confirmation to the email address designated by the User. The agreement entered into with the User will be stored by Vetined for a certain period of time. The agreement cannot be revoked, since access to the Teaching Materials will be granted immediately upon conclusion of the agreement.
- When placing an order, the User may not use third-party login data.
- Unless stated otherwise, Vetined’s prices will be expressed in euros, exclusive of VAT and exclusive of any other levies ensuing from statutory regulations. Unless agreed otherwise, the User is to make all payments to Vetined in euros.
- Vetined’s offers and quotations are subject to contract, unless expressly provided otherwise in the offer or quotation.
Article 6. Cancellation
- The User or its organization will be entitled to cancel the enrolment. Cancellation is to be effected by email, subject to the following conditions: In the event of cancellation up to one week (7 days) prior to commencement of the event/training course or workshop, no costs will be charged. In the event of cancellation within one (1) week prior to the date of the training course, the full tuition fee will be due, and the client will not be entitled to any refund of the amount already paid, unless the participant still attends the same training course or workshop on another date.
- In the event of cancellation, Vetined will offer an alternative where possible.
- The cancellation scheme will not apply if the originally enrolled participant communicates to Vetined in writing that he/she will be replaced by another participant.
- Replacement will not be possible during a training course or workshop.
- Vetined will be entitled to postpone or cancel a training course or workshop in the event of insufficient enrolments. In such event, where possible, a suitable alternative will be offered. If this is not possible, the full tuition fee will be refunded.
- Vetined is not responsible for costs incurred by the participant in case of cancellation or changes in the training course or workshop.
- The student will be informed as soon as possible in the event of illness or cancellation of the lecturer. Failure of the teacher is no reason for free cancellation or refund. EduVet-Vetined will try to offer the lessons again with care.
Article 7. Forum Policy rules
- The User will be responsible for the content of its Forum messages and other data posted by the User. Vetined will not be responsible and/or liable in any way whatsoever for the content of the Forum messages and data posted by Users on the Website. The User will indemnify Vetined against any damage, including third-party damage, as a result of, and/or in connection with, the content of said messages and data.
- The User will only post Forum messages that fit the intent and purpose of the Website. These will in any event not include: messages containing spam, chain letters, pyramid systems, third-party privacy-sensitive information, and/or viruses.
- The User agrees vis-à-vis Vetined to refrain from posting Forum messages, the content of which, by its nature, is defamatory, libellous, contrary to national and international regulations and/or in violation of written or unwritten third-party rights.
- Vetined reserves the right to exclude a User from any further use of the Service if, in Vetined’s opinion, such User has acted contrary to these conditions or the policy rules for use of the Service, or otherwise not in accordance with the purpose of the Service. The foregoing will apply without prejudice to Vetined’s right to take further legal action and to claim damages. Vetined’s will have the right, without limitation, to take any of the following actions if a User acts contrary to these conditions and/or policy rules, either after prior warning or otherwise:
- denial or restriction of the User’s access to the Service;
- removal of all Forum messages posted by the User;
- removal of the User’s account;
- provision of personal and other data to third parties, including the police, the judiciary and right owners.
Article 7. Intellectual property rights
- The User will respect the intellectual property rights of third parties, including but not limited to Vetined. The User will indemnify Vetined against any third-party claims on account of infringement by the User of intellectual property rights.
- The User may not post the information posted on Vetined’s and EduPet Website, including but not limited to the messages on the Forum or the Teaching Materials – via a link or otherwise – on its own website or on a third-party website.
- By posting text, photographs and/or other data on the Website, the User grants Vetined consent to reproduce, modify, publish, grant third parties access to, and/or use as promotional materials the content posted by the User, in any way and on any medium whatsoever.
Article 8. Force majeure
- Force majeure on Vetined’s part will be deemed to exist if Vetined is precluded from performing its obligations as a result of war, threat of war, civil war, riot, terrorism, molestation, fire, water damage, flooding, epidemics, strike, sit-down strike, lockout, attachment, import and export problems, government measures, defects in machinery, DDoS or other third-party attacks on the Website, failure in the supply of power, lack of materials, all both at Vetined’s own business and at that of its suppliers, and furthermore due to all other causes arising beyond the control or scope of risk of Vetined.
- An agreed delivery period for the performance of work or provision of services will be extended by the period during which Vetined is precluded from performing or executing its obligations as a result of force majeure.
Article 9. Vetined’s liability
- Vetined cannot be held liable for any direct or indirect damage suffered by the User as a result of use of the Service, the unavailability of the Website, the content of the Website, the security of the Service, and/or the content of the Forum messages posted by Users.
- Vetined will not be liable for any financial loss, lost profits, lost goodwill and/or damage as a result of business interruption, or for any other indirect or consequential damage as a result of use of the Service. Furthermore, any liability on the part of Vetined for corruption, destruction or loss of data or documents and/or for failure of equipment will be excluded.
- Vetined will not be liable for the content and/or the policy of third-party websites and/or services referred to on the Website. Vetined has no control over third-party compliance with regulations with respect to, inter alia, data protection and security.
- If, despite the foregoing, Vetined should still be liable, any such liability will be limited to the fee (exclusive of VAT) paid to Vetined in the year preceding the damaging event. If no fee has been paid to Vetined, the liability will be limited to an amount of EUR 100 (exclusive of VAT).
- The limitation of liability included in this article will also apply for the benefit of all private individuals and legal entities engaged by Vetined in the provision of the Service.
- The limitations and exclusions of liability set forth in this article will lapse if and to the extent that the damage is the result of intent or wilful recklessness on the part of Vetined managerial staff.
Applicable law and disputes
- The use and provision of the Service will be governed by the laws of the Netherlands. For consumer Users, this choice of law cannot lead to loss for the consumer of the protection that he would enjoy pursuant to the provisions of mandatory law applicable under the circumstances.
- Any disputes that may arise as a result of, or in connection with, the use and the provision of the Service, both of a factual and of a legal nature, will be decided by the competent court in the district where Vetined has its registered office. For consumer Users, this choice of forum cannot lead to loss for the consumer of the protection that he would enjoy pursuant to the provisions of mandatory law applicable.
Vetined v.o.f. – EduVet Dierenkliniek
3903 LX Veenendaal
Watermolen 24 – PO Box 26
7371 SR Loenen – 6960 AA Eerbeek
Telephone number: +31 (0) 318 531 246
Chamber of Commerce for the East Netherlands: 54315050
Vetined-EduVet will store your personal data as soon as you register by way of the registration form indicated on the website. You are thereby required to state your first name and surname, address, postcode, city, email address, date of birth and telephone number[s1].
In the event of a non-recurring direct debit mandate, we will also store your bank account number, for purposes of fraud prevention and combating and in order to ensure that these data have to be entered only once. Credit card numbers or bank account numbers (unless a direct debit mandate is used) will not be stored, however, the type of credit card and the bank used will be.
In addition to the personal data that are recorded through your registration, Vetined-EduPet collects and processes, standard information on the internet use, statistics on page views and traffic from and to the websites from all visitors of www.vetined.nl and www.eduvet.nl (in repair), for organizational and technical reasons. Such data will be stored anonymously, and analyzed for statistical purposes only. If you contact Vetined, e.g. with a question or remark, your IP address, name and email address, your computer’s operating system, and your question or remark will be stored.
If you have registered, you will have access to your personal and other data via (direct link to page), where you can supplement and correct such data yourself. In addition, you may request us to remove or shield your personal data. Moreover, you can file an objection with Vetined-EduPet against certain types of use of your personal data.
The public and non-public personal data will be processed in order to:
- provide the services offered on the websites;
- keep you informed of new developments on the website, for promotional campaigns, and to be able to provide you with personalized offers[s2];
- promote secure communication, and to register and handle any tips, questions and reports received;
- obtain an insight in the types of users and visitors of the websites, to measure the numbers of visitor and the interests, and to promote the user-friendliness of the website;
- enable and request users to correct or cause the removal of personal data and/or information posted;
- combat any abuse, or to exclude users who have violated the general conditions and/or policy rules;
- confirm the registration and to send a new password, if necessary;
- collect any fees.
Vetined-EduPet will not retain the personal data any longer than permitted by law, and will remove such personal data as soon as they are no longer required for the purposes described above.
When you visit the website or websites, information by way of a ‘cookie’ may be stored on your computer’s hard drive, for the purpose of recognizing your IP address, simplifying navigation on the website and optimizing the use of the website. Furthermore, cookies enable Vetined to analyze and process user/visitor related information to facilitate sending more personalized information – for marketing purposes – and adjusting the website to the user’s and/or visitor’s preferences.
To avoid storage of a cookie on your hard drive, you may check the option ‘Deny cookies’ in your browser settings. This may, however, restrict the functionality of the website.
Provision to third parties
The data obtained will not be published on the internet, unless you post a message on the forum. In such event, however, you may opt to use a pseudonym. The non-public data will not be provided by Vetined to any third parties or used for any other purpose, unless:
- this is the reasonable result of the services to be provided by Vetined-EduPet;
- Vetined-EduVet is under a statutory duty to do so;
- Vetined-EduVet is required to do so by virtue of a court order;
- this is necessary to avoid, investigate or prosecute criminal offences;
- this is necessary to enforce compliance with the general conditions as well as payment obligations;
- this is necessary to protect third-party rights and freedoms;
- this is necessary to bring visitors/users into contact with each other;
- Vetined-EduVet is involved in a merger or acquisition;
- to a third party engaged by Vetined-EduVet to process the data for Vetined-EduVet subject to a strict confidentiality obligation and adequate security.
For purposes of registration of the personal data, Vetined-EduVet uses a secure protocol, (identify/describe protocol). The data obtained by Vetined-EduPet are stored in an adequately secured database not linked to the internet. The data that can be viewed on www.vetined.nl and firstname.lastname@example.org (in repair) are stored in a database linked to the internet and adequately secured against unauthorized use by third parties. The data posted on www.vetined.nl and email@example.com (in repair) are public, so that they can be copied by any third party to their own system[s3].
If, e.g., you wish to send a newsletter to the users, the user is to grant their express consent. Such consent may be obtained, e.g., by causing the user to check a box when registering.
If the personal data are capable of indexing for search engines, this should be noted.