Terms of Use
ENLP GENERAL TERMS OF USE
Last updated: April 28th, 2019
(“Terms of Use”)
Introduction
European Nutrition Leadership Platform is an internet-based platform (“Platform”) run by [European Nutrition Leadership Platform] (“ENLP”) available on http://enlp.eu.com, for the registration for our courses and trainings e.g. ENLP Essentials Programme and ENLP Advanced Programme (“Course”). The Platform aims primarily at professionals working in the field of nutrition and health. But also, it is open to all food, nutrition and dietetic professionals across Europe who want to become more effective at managing non-scientific/soft-skill challenges such as communication, interpersonal skills, leadership and strategic influence (“User”, “you”). ENLP does not participate in the content related exchange between the Users. Due to the academic environment of the Platform, ENLP aims to keep a healthy balance between the free flow of information and intellectual property rights, keeping the best interests of its Users in mind. ENLP is aware that the Users of the Platform expect all personal data conveyed to ENLP to be handled with utmost care.
Our basic principle: the User has complete control over the content posted by him or her (such as files, discussions, links, etc.). ENLP will use the data provided by its Users solely for the purpose of providing a reliable and useful service. Further information on handling personal data of Users can be found in our Privacy policy.
ENLP expects its Users to display the same level of care in dealing with the personal and intellectual property rights of other Users and rights holders. To ensure a productive and safe work environment, it is indispensable to adhere to some general principles.
By registering for the Course at the Platform the User agrees to accept the validity of and ensure compliance with these Terms of Use. The User can read and print, download and save these Terms of Use at any time, even after the conclusion of the agreement on the Platform’s website by following the link Terms of Use.
A gender-sensitive language is one of the basic communication principles at ENLP. However, when it comes to official wording and legal terminology this is unfortunately not always possible. We therefore apologize for instances of failing to fully adhere to the standards of gender-sensitive writing in the following Terms of Use. Of course, we continue to do our best wherever we can to write and speak in a gender-sensitive manner.
1. SCOPE
The following Terms of Use apply to the use of the Platform and to all connected services offered by ENLP. The Terms of Use also apply to the use of ENLP via mobile devices.
2. REGISTRATION AND CONCLUSION OF THE AGREEMENT
2.1. In order to be able to fully use the Platform, the User is required to register. The User have no
obligation to register at the Platform, but the option to use it will be limited. The registration for, and use of, the Platform is free for all users, however, the Courses are provided on the paid
basis.
2.2. Only Users who are at least 18 years of age are allowed to register on the Platform.
2.3. The User can register on the Platform either by completing a registration form.
2.3.1. If the User choses the completion of the registration form, they need to make sure the data provided is complete and correct. It is prohibited to register for an account under a different name or otherwise inaccurate information. The User is also required to immediately notify ENLP of any changes of their data. Before filing the registration form the User has to confirm that they read and accepted these Terms of Use as well as the Privacy Policy for the use of the Platform and agree to their validity.
2.3.2. After sending the registration form the User receives a confirmation e-mail from ENLP to the e-mail address they provided in the registration form. In this e-mail the User is asked to confirm again the provided data and the acknowledgement of and compliance with the Terms of Use and Privacy Policy, in particular the User obligations laid down in point 9. The User accepts this Terms of Use and Privacy policy by confirming the registration through clicking on the activation link provided in the e-mail.
2.3.3. Contact details can be found in our Legal Notice on the website of the Platform.
2.4. The User can use the Platform in accordance with the Terms of Use. To do so, the User needs to login to the Platform via the login area of the website. The login data consist of the login ID that was provided during the registration and the password they chose (“login data”). The User can change the password anytime in their account settings.
2.5. ENLP may refuse a registration without stating reasons for the decision.
3. USER ACCOUNT AND LOGIN DATA
3.1. ENLP provides to the User the User account on the Platform’s website after concluding the User. The User has access to their data via this user account after entering the login data.
3.2. The login data as well as the User account are not transferable and may only be used by the registered User themselves. The User must not pass or allow the use of the login data to any third-party. The login data has to be kept in safe custody and must not be disclosed to anyone.
3.3. As soon as the User learns of or suspects an abuse of their login data they are obliged to notify ENLP thereof immediately. The User is liable for all consequences of a third-party accessing and using the User account provided that they are responsible for the loss of login data. In particular, the User is liable if they enabled the unauthorized use of login data intentionally or
carelessly. The User’s liability ends only if they inform ENLP about the unauthorized use or loss of login data and change the password, if possible and necessary.
3.4. ENLP is entitled to temporarily or permanently lock the User’s account and/or withdraw access rights from the User with immediate effect or within a period of time at the discretion of ENLP and/or terminate the User account without giving notice in case the User violates these Terms of Use, in particular if
i. false information were provided during registration,
ii. unauthorized disclosure of login data and/or other forms of abuse of the Platform.
In these cases, the User is not allowed to register again without ENLP’s prior written consent.
4. PRIVACY POLICY
ENLP is aware that a highly sensitive treatment of all personal data submitted by the Users to ENLP is of great importance to the Users. For further information regarding the details of ENLP’s handling with personal data please see our Privacy Policy.
5. AGREEMENT WITH THE USER
5.1. On the Platform, a registration of enrolment for the Courses is offered.
5.2. The participation in or the completion of the Course does not constitute any legal relationship of any kind between the User and the ENLP or organization providing the Course or the respective lecturer if otherwise is not agreed by a separate agreement.
5.3. These Terms of Use do not regulate User’s enrollment or other relationships with ENLP except those related to the use of the Platform. The Courses will be provided on a basis of a separate
contract with ENLP or third-party.
6. RIGHT OF REVOCATION
6.1. If the User concludes the User contract with ENLP as a consumer (that is construed by these Terms of Use), they have a statutory right of revocation. Term ‘consumer’ means every natural person who enters into a legal transaction for a purpose that is outside their trade, business or profession.
6.2. Revocation Instructions
- Right of revocation
You have the right to revoke your contractual acceptance within 14 days in text form (e.g. letter, fax, e-mail) without stating your reasons for doing so. The period begins on receipt of this notification in text form, but not before the contract has been concluded. Revocation shall be considered timely if the notice of revocation is dispatched within the above period. The revocation must be addressed to:
ENLP Board
c/o Prof. Renger Witkamp
P.O. Box 17
6700 AA Wageningen
The Netherlands - Consequences of revocation
In the event of a valid revocation, services received on both sides are to be returned including any emoluments taken (e.g. interest). If you are unable to return or restitute parts or all of the services received as well as the emoluments (e.g., benefits of the use), or are only able to return or restitute them in a deteriorated condition, you will have to compensate for the loss of value where applicable. This may mean that you nevertheless have to fulfill the contractual payment obligations for the period prior to revocation. Obligations to refund payments have to be fulfilled within 30 days. This period begins when you dispatch your notice of revocation, for us, upon receipt of the notice.
7. USER GENERATED CONTENT
7.1. The User is and remains the author of their copyright protected work created during participation or in connection with the Courses (“User Content”). The same applies after publication of User Content on the Platform.
7.2. The User grants ENLP for the operating of the Platform and for the display of the User Content the transferable, non-exclusive rights unlimited in respect of time and place to the works published on the Platform. This includes the right to distribute, reproduce, adapt, make available, broadcast and retransmit and to recite, perform and present in public. In particular, they grant ENLP the right to make the User Content available on the Platform in any form, and to undertake any adaptations and reproductions that are required for this purpose (storage on the servers of ENLP, etc.) and to permit reproductions to other Users. This also includes the right to undertake acts of exploitation within the context of additional functionalities applicable at any given time, such as copying, editing and storing of documents published in the context of apps, news feeds (in varying formats if necessary), other subscription services (push services) or retrieval services (pull services) and the use of User Content in optimized versions of the Platform on mobile devices or of apps. The rights granted are always limited to functions and features of the Platform. The User hereby agrees to a possible assignment of rights.
7.3. ENLP also reserves the right to open the Platform using an appropriate application programming interface (API), so that the Platform may be used by or in the context of internet services provided by third-parties, which may include granting access to content posted by the User. The User can determine whether the contents shall be accessible by the public. In that regard, the User grants ENLP the right to permit the exploitation of rights to third-parties to the same extent as they were granted to ENLP. This shall not affect ENLP’s entitlement to continue to use the rights granted to ENLP.
7.4. The rights granted to ENLP according to the provisions above do not allow it to exploit the Users Content independently of the Platform. Any reproduction or use of the contributions and their content in other electronic or printed publications beyond ENLP’s service without the prior written consent of the User is not permitted. If Users delete their data, the grant of rights to ENLP ends as well and the granted rights shall revert to the User.
7.5. ENLP may provide discussion forums on the Platform where the User can discuss the courses provided, ask questions and provide and discuss proposals as texts, images, links, etc. Content published in discussion forums are publicly accessible. Every User can delete, at any time, content they provided.
7.6. Any content provided by ENLP or a third-party may be protected by copyright or other intellectual property. The User is granted only a non-exclusive, non-transferrable right for the non-commercial use of the content in context of the work for the course on the Platform only. Any further use of legally protected content (e.g., transfer to third-parties) is only permitted after prior written consent by the respective intellectual rights owner.
8. VIOLATIONS OF THE TERMS OF USE
8.1. ENLP reserves the right to delete content which does not comply with these Terms of Use, to prevent or reverse illegal actions, and to warn or to lock accounts of Users who violate these Terms of Use either indefinitely or for a limited period of time to make them adhere to these Terms of Use. Warnings or the locking of accounts will be communicated to the registered User via e-mail. ENLP also reserves the right to terminate the User contract immediately, if in individual cases the continuation of the User contract is unacceptable.
8.2. Users that were banned for violating the Terms of Use may be permitted to use the Platform again, if it is assured that they will refrain from abusive behavior in the future.
8.3. The above provisions also apply in the case that ENLP has reasonable grounds to suspect a systematic undermining of internal security measures (e.g., e-mail abuse, the inclusion of harmful components such as viruses, worms, Trojan horses).
9. WARRANTY AND LIABILITY OF THE USER / INDEMNIFICATION
9.1. The User assures and warrants that they are entitled to and able to grant ENLP the rights of use to the uploaded User Content. The User warrants to ENLP not to post content onto the Platform which violates the provisions these Terms of Use, not to commit any of the prohibited acts provided in and not to provide any false information.
9.2. The User is solely responsible for all of their content uploaded to the portal including texts, articles, photographs, etc., and for the existence of any necessary legal entitlements relating to that as well as for their actions on the Platform. ENLP does not generally check the content and actions of the User unless ENLP is legally obliged to do so. The User indemnifies and keeps ENLP, its personnel harmless from any liabilities or expenses including legal attorney’s fees as well as potential and actual costs of legal proceedings and administrative fines, if claims are being brought on ENLP, its employees or other personnel because the User culpably violates their obligations under these Terms of Use. and infringes rights of third-parties or of persons represented by them. The same applies if claims results from otherwise illegal content and in cases where claims are brought by consumer bodies or authorities. ENLP informs the User about the claim and gives them, to the extent possible and reasonable, the opportunity to defend against asserted claims. The User is obliged to end the infringing use immediately if requested by ENLP and to fully disclose to ENLP all relevant facts concerning the use. All further rights and claims of ENLP for damages remain unaffected.
9.3. If rights of third-parties are violated by the User’s contents the User has to provide ENLP at ENLP’s own discretion and at the User’s expense with the right of use, if the User is the owner, or limit the content so that no third-party rights are being violated.
10. LIABILITY
10.1. ENLP shall be liable to Users without restriction for any damages arising from injury to life, limb or health, based on an intentional or negligent breach of duty and for other damages caused by intentional or gross negligent breach of duty or an acquired assurance or warranty. For other damages incurred due to slight negligence ENLP is only liable in case of breach of essential contractual obligations, meaning contractual obligations which are essential for the proper conduct of the performance and on which the contractual partner can reasonably rely as well as those whose breach jeopardizes the purpose of the contract. In these cases, ENLP’s liability is limited to damages that are foreseeable for this type of contract.
10.2. Only the User shall be liable for content uploaded by the User. In this respect ENLP shall not assume any liability unless legally obliged.
10.3. ENLP makes every effort to keep the Platform constantly available. The User acknowledges that a constant availability of the Platform’s website is technically impossible. In particular, maintenance, security or capacity issues and events not in the sphere of influence of ENLP (e.g., disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary suspension of services on the Platform’s website. ENLP may change the times of availability of certain parts of the services at any time and after a respective not on the website of the Platform.
10.4. If ENLP is unable to provide the service of the Platform due to operational or technical malfunctions it will undertake all efforts reasonable to publish a respective note about the interruption of the service on the homepage of the Platform’s website as soon as possible.
ENLP shall not be liable such interruptions as well as for damages resulting from loss of data if the damages could have been avoided by a regular and complete backup of all relevant data by the User. Therefore, each and every User should ensure the backup of important documents at regular intervals.
11. MODIFICATION OF SERVICES OF THE PLATFORM
11.1. ENLP reserves the right to add, modify or remove any or all of the services of the Platform at any time, in particular with regard to the courses, or change the hours of operation of the Platform.
11.2. ENLP shall notify the Users of any changes to the services of the Platform made pursuant to these Terms of Use, including the details of the changes made to the services and the effective
date of such changes. However, ENLP shall not be required to provide any such notification where advance notice is impossible or time-critical changes are required due to circumstances outside Company’s control.
11.3. ENLP shall have no liability to Users in respect of any losses arising as a result of any changes to the services of the Platform.
12. CHANGE OF CONTRACTING PARTY
ENLP may transfer or assign the User contract to another party. The other party will, in this event, take over the rights and obligations that arise under the User agreement towards the User and become the new contracting party of the User. ENLP will inform the User about such a transfer of contract in due time.
13. CONTRACT LANGUAGE, STORAGE OF USER CONTRACT
13.1. ENLP focuses primarily on English-speaking Users. The communication between the Users and ENLP is therefore entirely in English. The Terms of Use and consumer information are
also available in English. Only English versions of legal documentation are legally binding, however, ENLP may provide such documentation in other languages.
13.2. ENLP may also send the User these Terms of Use as part of a confirmation e-mail in text form, in connection with the conclusion of the contract. ENLP does not store or display on its
website any other separate contract about the User relationship. The contents of the agreement concluded with ENLP therefore is identical with these Terms of Use which can also be accessed on the Platform.
14. AMENDMENTS TO TERMS OF USE
14.1. ENLP may amend these Terms of Use at any time provided that any such amendments are not in violation of any applicable legislation. When ENLP amends these Terms of Use, it shall send to the Users the amended terms along with details of the amendments together with the effective date and reasons for the amendments via e-mail at least 30 days prior to the effective date of the amendments. The User shall be deemed to have consented to the amendments unless they expressly reject them within 30 days after receipt of the e-mail. The rejection must be in text form. In the e-mail ENLP will inform the Users separately about their right to reject the amendments, the respective time period during which rejection must be made and the consequences of failing to act. In the event that the User rejects the amendments, ENLP expressly reserves its right to immediately terminate these Terms of Use and the service towards the User.
14.2. If in the future a fee will be charged for the provision of individual services, the User and ENLP will enter into separate agreements which will require the explicit consent of the Users.
14.3. ENLP shall not be responsible for any damage caused to, or loss suffered by, users due to their failure to notice an amendment to the Terms of Use provided that ENLP has performed all of its obligations under these Terms of Use in relation to such amendments.
15. FINAL PROVISIONS
15.1. If any provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid provision with a valid provision which is in its economically desired sense and purpose as close to the invalid provision as possible. This also applies to contractual loopholes.
15.2. The contractual relationship with Users, these Terms of Use and their interpretation shall be governed solely by the laws of the [the Netherlands]. The application of [the Netherlands] International Private Law and the United Nations Convention on Contracts for the International Sale of Goods is excluded. If the User is a consumer, then the mandatory consumer protection rules of the state in which the User has their permanent residence are additionally applicable provided they offer the User a more extensive protection.
15.3. If the User is a merchant, a legal entity under public law or a special fund under public law or if the User has no permanent residence within [the Netherlands], then the venue for all rights and obligations resulting from the contractual relationships with the User construed herein is [the Netherlands].