Last Updated on: 16 October 2020
1.2 We kindly request you to read these Terms carefully and confirm that you agree with the Terms by clicking the ‘Accept button’ when creating a personal account (the “Account”) on our Website. If you do not agree to these Terms it is unfortunately not possible to use the OII App and our services like following (e-learning) courses and webinars (the “Services”) offered via the Website and using inter alia our e-learning platform (the “E-Learning Platform”).
1.3 OII reserves the right to amend these Terms at any time. Amended Terms will be applicable as of the moment of publication on the Website or in the OII App and you have accepted the new Terms.
2 Subscription types
2.1 We offer different type of agreements with OII in the form of subscriptions (the “Subscriptions”) to our Services which all give you unlimited access to our Services. You can chose to
2.1.1 pay per calendar month and terminate the Subscription per the end of a calendar month giving at least a one month prior notice using your Account;
2.1.2 pay per year and terminate the Subscription per the end of the first contractual year giving at least a one month prior notice using your Account;
2.1.3 pay per five (5) years and terminate the Subscription per the end of the five year contractual period giving at least a one month prior notice using your Account.
2.2 If you do not terminate your Subscription by the end of the respective first contractual term, the Subscription will be renewed based on the ‘pay per month’ Subscription as stated above under 2.1.1.
2.3 Way may offer different type of Subscriptions and promotions over time and you can always review your current Subscription in your Account.
3.1 The fee for your Subscription will be charged through your Account using a third-party payment tool. The fees will be charged either on a monthly basis or at once depending on your Subscription type. After we receive the payment, you will be provided unlimited access to our Services for the duration of the Subscription. If we do not receive your fees, we may suspend access to your Account and to our Services.
3.2 We may amend the fees .for the Subscriptions from time to time but will always inform you of any changes at least one month prior to the new fees being charged. You are of course allowed to terminate your Subscription in such case per the end of your Subscription period.
4 IP rights and License to use
4.1 OII and/or its licensors are exclusively entitled to all (intellectual propriety) rights in and relating to the Website, the OII App and all materials published on our Website and in the OII App such as presentations, books, , videos, articles, tests and other e-learning related documents (the “Materials”).
4.2 OII hereby grants you a non-exclusive, non-transferable, non-sub-licensable, limited license to use the OII App and the Materials for the duration of your Subscription. This right is strictly personal and you are not allowed to share, copy, publish or alter any of the Materials. Except as expressly provided in this Terms, no other rights or licences are granted or implied.
4.3 You will grant OII an irrevocable, worldwide, non-exclusive, transferable and sub-licensable right to use any document, photo, video or other materials that you upload on our E-learning Platform. This license applies to both internal and commercial use by OII.
5 Your use of the OII App and Website
5.1 You will not use the OII App, our Website and our E-Learning Platform for any other purpose than for the personal use thereof, will not provide your account details to any third person and you will act in accordance with applicable legislation and regulations.
5.2 You are not allowed to (partly) copy, decompile, disassemble, reverse engineer or try to obtain the source code, algorithms, methods and/or techniques of the OII App, the Website and/or the E-Learning Platform or to modify, publish or make available the OII App or the E-Learning Platform or any Materials to the public or use in any other way that would result in an infringement on OII’s intellectual property rights.
6 OII’s services
6.1 During the term of the agreement with you, OII will host the Website, the OII App and the E-Learning Platform and provides access to its functionalities on an as is basis. OII will make its best efforts but cannot guarantee uninterrupted access to its Services and/or the E-Learning Platform.
6.2 You are responsible for any costs associated with the use of the Website, the OII App and the E-Learning Platform such as costs for a good internet connection, use of (mobile) data, telecommunication costs and costs for equipment and devices on which the OII App is installed or the Website is used.
6.3 You are also responsible for having a sufficiently working internet connection suitable for streaming video and otherwise making use of our Website, OII App and E-Learning Platform.
6.4 OII does not offer assistance or (IT) support in installing or use of the OII App and E-Learning Platform other than the instructions that can be found on the Website.
7.1 The Website, Services, E-Learning Platform and OII App are offered on an as is basis and OII does not provide any guarantees unless agreed upon in writing.
7.2 OII’s total liability on account of an attributable failure, on any legal basis whatsoever, will be restricted to compensation of direct losses up to a maximum of the price (exclusive of VAT) per year stipulated with respect to the Services/Subscription. OII’s liability for direct losses, on any legal basis whatsoever, will never exceed EUR 1.000,- or - when this amount would be deemed unreasonable in a final court decision – will never exceed the amount paid by OII’s insurance company. The direct losses that qualify for compensation on the basis of this article exclusively relate to i) reasonable costs to prevent or restrict the losses that can be expected as a result of the event the liability is based on and ii) reasonable costs to determine the losses and liability.
8 Term and termination
8.1 These Terms enter into force as of the moment that you accept the Terms and your Subscription starts. It will end once your Subscription with OII ends.
8.2 OII may end these Terms and block your access to the OII App, E-Learning Platform and/or Services if you fail to comply with these Terms or in any other way abuse, at OII’s discretion, the use of the OII App, E-Learning Platform. Services or Website.
8.3 You are allowed to end these Terms by removing your Account and terminate your Subscription.
8.4 If these Terms ends, you should be aware that any data that you entered or stored in the OII App or E-Learning Platform may be deleted and no longer be available to you. OII is under no circumstances liable for loss of any data as a result of deleting such data.
9 Applicable law and jurisdiction
9.1 These Terms are exclusively governed by Dutch law.
9.2 Any disputes arising from or relating to these Terms or its performance will be exclusively brought before the District Court of Oost-Brabant, location’s-Hertogenbosch.