Last updated: April 28th, 2019
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.
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.
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
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.
2.3.3. Contact details can be found in our Legal Notice on the website of the Platform.
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.
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.
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.
contract with ENLP or third-party.
6. RIGHT OF REVOCATION
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:
c/o Prof. Renger Witkamp
P.O. Box 17
6700 AA Wageningen
- 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.
8.3. 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
9.3. 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.
10.1. 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.
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
also available in English. Only English versions of legal documentation are legally binding, however, ENLP may provide such documentation in other languages.
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.
15. FINAL PROVISIONS
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].