theoriedoen.be - December 2021
Article 1 - Definitions
In these general terms and conditions, the following words shall have the following meanings:
Theoriedoen.be: the company that enters into the agreement with the consumer at a distance;
Consumer/Curist: the person, who has registered for access to the Online Learning Environment by means of an online system developed for that purpose or has otherwise entered into an Agreement with theoriedoen.be.be;
Agreement: the remote agreement between a student and theoriedoen.be under which theoriedoen.be undertakes to provide a student with access to the Online Learning Environment and possibly to reserve a place for the CBR theory exam;
Course Fee: The amount a student pays to theoriedoen.be for access to the Online Learning Environment.
Online Training: E-learning, seminar, webinar, online training, online course, online workshop, for the purpose of imparting and/or enhancing knowledge and/or skills and specifically the training videos provided by theoriedoen.be in the Online Learning Environment;
Online Learning Environment: The digital environment within the domain of the Website in which Cursor o.a. can follow the Online Training, which by the conclusion of an access agreement, can be accessed by Cursor.
General Terms and Conditions: the present terms and conditions applicable to the agreement.
Website: https://theoriedoen.be and all individual web pages derived from it.
Article 2 Applicability and formation of agreement
2.1. These terms and conditions apply to all agreements between theoriedoen.be and students, in particular agreements related to obtaining access to the Online Learning Environment.
2.2. The agreement is established by completing the order process which includes acceptance of the General Conditions and the student has received a confirmation of successful registration of theoriedoen.be. Notwithstanding the above, an agreement is also established after theoriedoen.be has confirmed the electronic registration or by telephone or e-mail.
2.4. Any deviation from these General Terms and Conditions shall be valid only if made in writing.
2.5. All images, prices, texts and other data are only indicative and subject to errors and can never give rise to compensation.
2.6. For a correct processing of the registration it is necessary that the student gives the correct e-mail address. If and insofar as the student provides an incorrect e-mail address, theoriedoen.be cannot be held liable for any failure or damage resulting from the incorrect provision of the e-mail address.
2.7 theoriedoen.be reserves the right to refuse Student without giving any reason.
2.8. If and to the extent that any particular article is found to be void or destroyed, the remaining articles shall remain in full force and effect.
Article 3 Prices and payment
3.1. Quotes and package offers may be made through the Website, by telephone or by email. Online Training package offers are displayed online on the Website.
3.2. Insofar as an offer on the website or by telephone or e-mail has a limited period of validity, this will be explicitly indicated.
3.3. Student must pay the cost of access to the Online Learning Environment during the ordering process. If no payment is made by Student, no agreement is concluded, and Student does not have access to the Online Learning Environment.
3.4. The prices as shown on the website of theoriedoen.be are without engagement and subject to typing errors. The prices can be changed unilaterally by theoriedoen.be at any time. As far as an Agreement is established, the new prices will first apply to the Agreement after the student has agreed.
Article 4 Obligations theoriedoen.be
4.1 theoriedoen.be undertakes to provide the Online Training properly.
4.2. theoriedoen.be shall ensure that the work to be performed is carried out by competent/expert persons.
4.3. theoriedoen.be will ensure that the login details for gaining access to the Online Learning Environment are sent to Student at the email address provided.
4.4. theoriedoen.be compiles the Online Training with all due care, but cannot accept liability for any inaccuracies in the course material.
Article 5 Obligations of the Student
5.1. Students must behave in accordance with the conditions laid down in these conditions. If students do not fulfill this obligation, theoriedoen.be has the right to deny students access to the website of theoriedoen.be, without theoriedoen.be becoming liable to students in any way.
5.2 Student will receive a login code that will provide access to a personal environment within which the video training(s) can be unlimited. This environment is strictly personal and may not be shared with third parties without permission. Should theoriedoen.be notice that this happens, a copyright infringement report will be filed which may lead to a fine for the student.
5.3. Student will use the information provided by theoriedoen.be, including the Online Training videos and other course materials only for the intended purposes. Cursor shall refrain from any action that may lead to the disclosure of the course materials and training videos provided to Cursor.
5.5 If a student requests a CBR theory exam through theoriedoen.be, the student must be present at the agreed time and location and must have a valid identification. If student is not present at the agreed time and location, or does not have a valid identification, theoriedoen.be can in no way be held liable to student for damages resulting from the absence.
5.6 Cursor declares without contradiction that the purpose of temporarily gaining access to the Online Learning Environment and the Online Training is purely and simply to prepare to take an exam. Should there be other purposes underlying, as a result of which theoriedoen.be causes or may cause direct or indirect damages, theoriedoen.be will be entitled to recover its damages from Cursor. The student is expressly forbidden to make audio and / or video recordings of the course, or in any other way to copy, edit and / or disclose the course material.
Article 6 Cancellations and modification
6.1 The login codes to the Online Learning Environment can be used immediately after payment of the Course fee, which means that the online courses of theoriedoen.be are delivered before the withdrawal period, as referred to in the Distance Selling Act, has expired. Student, by receiving the login codes for access to the Online Learning Environment, agrees to let the withdrawal period expire. Thus, an agreement for access to the Online Learning Environment and Online Training that is started immediately upon registration cannot be revoked.
6.6 In all of the above cases, the Course Fee shall remain due in full by the Student unless otherwise agreed.
6.7. Students waive their right to terminate as soon as the service offered by theoriedoen.be, i.e. access to the Online Learning Environment, is fully delivered.
6.8. All requests for cancellation, or change, must be made by email at: firstname.lastname@example.org.
Article 7 Force Majeure
7.1. theoriedoen.be is not obliged to fulfill any obligations to students, if they are hindered to do so as a result of a circumstance that is not due to its fault, nor under the law, a legal act or generally accepted for its account.
7.2. Force majeure occurs in any case, if obligations cannot be fulfilled due to the presence of the following situations: floods, earthquakes, fire, overheating, interruption of energy supply, (sand) storms, epidemics, pandemics, terrorist attacks and/or acts of war.
7.3. In case of delays and cancellations of exams by CBR due to one of the above situations, theoriedoen.be will make every effort to schedule a new exam for the student as soon as reasonably possible. The above cases are therefore in no case a justification for termination of the agreement and / or suspension of the payment of the student.
Article 8. Intellectual property rights
All intellectual and industrial property rights relating to the Website, the Online Learning Environment, the Online Training and other services, and to everything theoriedoen.be develops, manufactures or provides, including software, knowledge programs, texts, designs, videos and images, belong to theoriedoen.be
Cursor is not permitted to remove or change any indication of trademarks, trade names, copyrights or other intellectual or industrial property rights.
Cursor is not permitted to copy, reproduce or otherwise duplicate, translate, adapt, recreate, modify or reconstruct the service or any part thereof.
To the extent necessary for use of the Online Learning Environment, the Student acquires a non-transferable and non-exclusive right of use with respect to these intellectual property rights of theoriedoen.be, which ends at the time of termination of the Agreement.
Article 9 Liability
9.1 Although theoriedoen.be with respect to the content of the services provided the utmost care is taken, theoriedoen.be can not exclude the presence of errors or omissions.
9.2 neither theoriedoen.be nor its external partners are in any way liable for any damages caused by such errors or omissions.
9.3 theoriedoen.be strives to keep the services on the Website accessible 7 days a week, 24 hours a day, but may interrupt access, including due to maintenance work, updating and/or for any other technical reason.
9.4 theoriedoen.be can never guarantee that the data on the Website are correct. theoriedoen.be will make every effort to keep the accuracy of these data as consistent as possible.
9.5 theoriedoen.be is only liable for direct damages that the student may suffer due to acts or omissions of theoriedoen.be, which liability is also limited to the maximum amount paid under the applicable insurance agreement.
9.6 theoriedoen.be can never be held liable for any unsuccessful results achieved by students in a CBR theory exam.
9.7. theoriedoen.be is in any consequence never liable for the following damages: Consequential damage, lost profits, missed savings, damage due to business stagnation and possible damage caused by the use of the goods delivered by theoriedoen.be.
9.8 The student indemnifies theoriedoen.be against third party claims arising from or related to the execution of the agreement.
Article 10. Privacy
10.1 When visiting the Website and placing an order and when providing login information, (personal) data are provided to theoriedoen.be. This (personal) data will be processed in accordance with the Privacy Statement of theoriedoen.be and the applicable laws and regulations.theoriedoen.be and student are both bound to treat confidential information they have received from each other with care. Information is confidential when one of the parties when providing that information indicates that it is confidential or when the nature of that information implies confidentiality.
10.2 theoriedoen.be is entitled to engage third parties for the execution of the Agreement and to provide only the necessary data of Course member for them.
10.3 theoriedoen.be is entitled to use data of Cursor for the mailing of theoriedoen.be. If the data or the product has already been revealed by or with the permission of the student, theoriedoen.be can refer to the delivered product in a mailing.
10.4 Provision of confidential information to third parties without the consent of the other party is only possible if the party is forced to provide it by law or court order. In this case, the party shall not be liable for damages or compensation.
Other provision of confidential information to third parties is only possible with
consent of the other party.
Article 11 Applicable law
On all legal relations between theoriedoen.be and Student, only the
Dutch law applies.
11.2. Student and theoriedoen.be will only appeal to court after they have made every effort to settle a dispute by mutual agreement.
Article 12 Other provisions
For the purpose of proper processing and administration, theoriedoen.be stores the
data of Student in its automated systems. This data will only be used for the intended purposes. On request of the student theoriedoen.be will remove the stored data of the student from the system.
Cursor gives to theoriedoen.be, to the extent permitted by law and Cursor here in
the general conditions may be informed of, the permission to use and store his/her data within theoriedoen.be, including the affiliates and companies with which theoriedoen.be cooperates.
12.3 Students shall refrain from statements that may damage the good name of theoriedoen.be.