USER POLICY ONLINE INFLUENCE INSTITUTE B.V.
Updated: 20 January 2021
1.1 This User Policy (“User Policy”) is entered into between you as the end user of the application “Online Influence App”, downloadable in the Google Play Store and Apple App Store or the online influence LMS, accessible at academy.onlineinfluence.com (both hereinafter: “OII App”) and Online Influence Institute B.V., a company with limited liability under the laws of the Netherlands with its registered office in Eindhoven having offices at (5617 BC) Torenallee 20, Eindhoven, the Netherlands and registered in the register of the Chamber of Commerce under registration number 77935330 (hereinafter: “OII” or “we”)). OII can be reached at firstname.lastname@example.org.
1.2 We kindly request you to read this User Policy carefully and confirm that you agree with the User Policy by clicking the ‘Accept button’. If you do not agree to this User Policy it is unfortunately not possible to use the OII App and our services like following courses and webinars (the “Services”) offered via the Website. You should then cease any use of the OII App and the Website.
1.3 OII reserves the right to amend this User Policy at any time. Amended User Policy will be applicable as of the moment of publication on the Website or in the OII App.
IP rights and License to use
2.1 You will enter into an agreement with OII by downloading the OII App or creating an account on the Website and by accepting this User Policy by checking an acceptance check box. You can always review this User Policy and the agreements with OII using your account on the Website.
2.2 OII and/or its licensors are exclusively entitled to all (intellectual propriety) rights in and relating to the Website and the OII App.
2.3 OII hereby grants you a non-exclusive, non-transferable, non-sub-licensable, limited license to use the OII App for the duration of your agreement with OII. You will have the right to access and use the OII App under the terms and conditions of this User Policy and only for your own personal use. Except as expressly provided in this User Policy, no other rights or licences are granted or implied.
Your use of the OII App and Website
3.1 You will not use the OII App for any other purpose than for the personal use of the OII App, will not provide your account details to any third person and you will act in accordance with applicable legislation and regulations. 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 or to modify, publish or make available the OII App to the public or use in any other way that would result in an infringement on OII’s intellectual property rights.
4.1 During the term of the agreement with you, OII will host the Website and the OII App and provides access to its functionalities on an as is basis. OII will make its best efforts but cannot guarantee uninterrupted access to the OII App and Website.
4.2 You are responsible for any costs associated with the use of the Website and the OII App, 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.
4.3 OII does not offer assistance or (IT) support in installing or use of the OII App other than the instructions that can be found on the Website.
5.1 The Website and OII App are offered on an as is basis and OII does not provide any guarantees unless agreed upon in writing.
5.2 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. 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.
Term and termination
6.1 This User Policy enter into force as of the moment that you accept the User Policy and start using the OII App or start using our Website as part of our Services offered to you. It will end once your agreement with OII ends or when OII has provided all the Services agreed upon.
6.2 OII may end this User Policy and block your access to the OII App if you fail to comply with this User Policy or in any other way abuse the use of the OII App or Website.
6.3 You are allowed to end this User Policy by removing your account in the OII App and delete the OII App from your device.
6.4 If this User Policy ends, you should be aware that any data that you entered or stored in the OII App will 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 the OII App.
Applicable law and jurisdiction
7.1 This User Policy is exclusively governed by Dutch law.
7.2 Any disputes arising from or relating to the Agreement or its performance will be exclusively brought before the District Court of Oost-Brabant, location’s-Hertogenbosch.