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General Terms and Conditions and General Terms and Conditions of Use

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New Heroes BV
New Heroes BV is a company registered in ’s-Hertogenbosch, the Netherlands, under Chamber of Commerce number 63316544 and VAT number NL8551.83.676.B01, with its registered office and place of business at 650 Bruistensingel, 5232 AJ, ’s-Hertogenbosch.

Definitions
In these General Terms and Conditions, the following terms have the following meaning in plural or singular form:

Client:  Each party entering into an Agreement with New Heroes.
New Heroes: The private limited liability company New Heroes BV.
Parties: New Heroes and the Client/User;
Content: The Content made available to the Client/User.
IP rights: All intellectual property rights and related rights, such as copyrights, trade name rights and database rights.
User: A natural person who may, under the Agreement, have access to and use the Content made available by New Heroes.
Services: All services offered by New Heroes, in the broadest sense of the word.
Products: All products offered by New Heroes in the broadest sense of the word.

Applicability
The following Terms and Conditions are applicable to and form an inextricable part of all our offers, agreements and the execution of such. Please read the General Terms and Conditions carefully.

These General Terms and Conditions will, at all times, take precedence over the General Terms and Conditions of the User/Client. 

We will only offer you (the use of) our services in accordance with these General Terms and Conditions. If you do not agree to these General Terms and Conditions, you will not be able to use our services.

We devote a great deal of attention to the quality of our services, but if you are not completely satisfied, please contact us within 1 month. You can inform us via email, or by clicking here. If you want to contact us by telephone, please call our customer service department at +31 73 84 49 910.

Agreement
An Agreement is only concluded when an order is received from the Client, via the Shop, and if New Heroes has issued the client an email confirmation of the order.

An offer from New Heroes is revocable, obligation-free and valid for the indicated period. If the Client accepts an offer from New Heroes, New Heroes may revoke the relevant offer within two (2) business days after issuing such notification.

Without prejudice to the aforementioned, supplements and amendments to the Agreement can only be agreed upon in writing between New Heroes and the Client. New Heroes may at all times – where applicable - implement amendments, to reduce and/or remove the scope, content and/or functionalities of the Content, Products and/or Services. If the change is major, in New Heroes’ opinion, it will inform the Client in advance. If the change warrants such, in New Heroes’ opinion, New Heroes will enter into consultation with the Client, to discuss a possible reduction to the agreed fee for the Content, Products and/or Services.

New Heroes may make certain parts of the Content available to the Client solely in exchange for an extra fee. This provision serves to address situations (not limited to such situations) where the Client wishes to use Webinars made available by New Heroes, amongst other things.

Prices and payment terms
Payment must be made immediately, in the manner indicated via the Shop, if the Client purchases a Product or Service via a Shop. Other orders will be paid based on an invoice issued by New Heroes.

For vouchers, the voucher number is leading. A voucher must be activated before the end date indicated on the voucher.

If the Client is in default, New Heroes may validly claim compensation for extrajudicial collection fees, as indicated in the graduated scale for extrajudicial collection fees (Staffel Buitengerechtelijke Incassokosten, BIK).

The Client may suspend payment or to offset payments due to real or alleged shortcomings on New Heroes’ part.

Subscriptions
A Client, who is not acting in the course of any profession or business, may cancel the Subscription by logging into the New Heroes website, and proceeding to cancel the Subscription in accordance with the step-by-step plan listed on the website under FAQ. After cancellation of the subscription, the Client will still have access to the Content offered by New Heroes, for the next month. After termination of the subscription, the Client will still be able to consult the tasks that were carried out during the subscription period, but will no longer have access to other content offered by New Heroes. Take note: subscriptions will be renewed automatically until cancelled. Subscriptions can be cancelled on a monthly basis.

Training
Without New Heroes’ permission, the Client will not be allowed to develop and/or offer similar training, based on the Training and/or learning materials provided.

Personal data

DATA PROTECTION
When processing personal data, New Heroes will comply with the statutory rules of the Personal Data Protection Act and personal data will be processed in accordance with New Heroes’ Privacy Statement and cookie policy in in a proper, careful and safe manner.

New Heroes will not provide any personal data of the User(s) to third parties, unless this is necessary for the Services. If and insofar as New Heroes enlists the services or third parties for execution of the Agreement, such third parties will be bound by identical obligations as New Heroes.

Intellectual property rights
All IP rights, connected to the Products and/or Services provided under the Agreement, and connected to the Content, will belong exclusively to New Heroes and/or its licensors, unless expressly agreed otherwise in writing. The provisions of this article constitute a reservation within the meaning of Article 15 section 1 of the Copyright Act.

None of the provisions of these General Terms and Conditions imply a transfer of IP rights.

The Client is not allowed to remove or alter any indication of IP rights in/on the Products and/or the (results of the) Services.

New Heroes expressly refrains from waiving any moral rights referred to in Article 25 of the Copyright Act.

If the IP rights for all or part of the Content, Products and/or Services belong to New Heroes’ licensors, the Client may possibly have to accept the third party’s licensing provisions- and licensing terms and conditions in order to be able to use (all of the functions of) the Products and/or Services. The Client will not have a valid claim against New Heroes, in this regard, if the Client does not wish to accept the third party’s licensing provisions- and licensing terms and conditions.

If it has been irrevocably established by law that the Products, Services and/or Content supplied by New Heroes constitute(s) an infringement of any IP rights belonging to a third party, or if, in New Heroes’ opinion, there is a good chance that such infringement will occur, New Heroes will, if possible, ensure that the Client can continue to use the Product and/or Service – or can at least use a functionally equivalent product or service – in an uninterrupted manner. Any other or further liability or indemnification obligation on New Heroes’ part, on account of infringement of third-party IP rights, is completely excluded.

Guarantees and indemnification
The Client will use the Products and/or Services at its own risk and under its own responsibility.

The Client guarantees that it will not use the Products and/or Services:

  • in such a way that use will infringe upon New Heroes’ rights or third-party rights and/or constitute any other infringement or violation, including an infringement on IP rights and rights to privacy;
  • in a way that constitutes a breach of applicable laws and regulations; and/or
  • in a way that constitutes a breach of any provision of this Agreement.

The Client indemnifies New Heroes against all claims from third parties, loss or damage, and costs resulting from and/or related to and/or the result of a violation of the above-mentioned guarantee from the Client.

Termination
A Client, who is not acting in the course of any profession or business, may cancel the Subscription by logging into the New Heroes website, and, by proceeding to cancel the Subscription in accordance with the step-by-step plan listed on the website under FAQ. After cancellation of the subscription, the Client will still have access to the Content offered by New Heroes, for the next month. After termination of the subscription, the Client will still be able to consult the tasks that were carried out during the subscription period but will no longer have access to other content offered by New Heroes.

Both Parties may dissolve the Agreement, in full or in part, without the need for a written default notice or legal intervention, and without being obliged to pay any compensation, with immediate effect, if the other Party requests suspension of payment, has been declared bankrupt, or if the Debt Repayment Natural Persons Act has been declared applicable. New Heroes may terminate the Agreement, in full or in part, if the Client fails imputably to fulfil the obligations stemming from the Agreement. New Heroes may terminate the Agreement, in full or in part, if and from the moment that the Product or Service – which is the subject of the Agreement – can no longer be supplied, is withdrawn from the market, or will otherwise become temporarily or permanently unavailable.

If, at the time of dissolution as intended in this article, the Client has already received services as part of execution of the Agreement, the relevant services and the associated obligation to pay for them will not constitute any right to cancellation, unless New Heroes is in default with respect to such services. Any amounts for which New Heroes has already issued an invoice, in connection with what it has already performed or supplied as part of execution of the Agreement, prior to dissolution, will still be owed and will become immediately claimable upon dissolution.

Articles which, by their nature, are destined to remain applicable after termination of the Agreement will remain in full force upon termination of the Agreement.

Nullity/nullification of provisions 
If any of the provisions of these General Terms and Conditions of Use are declared void or voidable, entirely or in part, or are otherwise found to be invalid, the remaining provisions will remain in full force. The provisions that are not legally valid or cannot be legally enforced will be replaced by provisions that approximate the intent of the original provisions to be replaced, to the greatest extent possible.

Miscellaneous
The Client cannot transfer, license or sublicense the rights and obligations stemming from the Agreement, to a third party, unless New Heroes has provided its express written permission. New Heroes will not withhold such permission without reasonable grounds.

New Heroes may transfer, license or sublicense the rights and obligations stemming from the Agreement, to a third party, without the Client’s permission.

Failure on New Heroes’ part, at any given time, to invoke the legal right(s) or authority assigned to it under the Agreement, will not constitute a waiver of such right(s) or authority.

Applicable law and jurisdiction of the court
These General Terms and Conditions of Use are governed exclusively by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded. The court with jurisdiction in the Oost-Brabant district has exclusive jurisdiction to take cognisance of disputes which arise in connection with these General Terms and Conditions of Use.

Amendments to the General Terms and Conditions
New Heroes reserves the right to amend the General Terms and Conditions. The amendments will take effect as soon as the updated General Terms and Conditions have been posted on the website. These General Terms and Conditions were last amended on 1 September 2017.

ONLINE PRODUCTS
The provisions listed in this section (Online Products), will apply in addition to the above-mentioned General Provisions, if New Heroes supplies Online Products to the Client. The provisions for ‘Online Products’ will take precedence in the event of a discrepancy between the provisions listed in both sections.

Right of use
New Heroes will grant the Client the non-exclusive, non-transferable and non-sublicensable right to use the Online Products and the Content included therein, for a limited period of time, in accordance with the provisions of the Agreement, on condition that the Client makes full and timely payment of the applicable fee for the Online Product. Without prejudice to the other provisions of the Agreement, the Client’s right of use exclusively entails the right, in accordance with New Heroes’ instructions and specifications:

  • to gain remote access to the Online Products and the Content included therein;
  • to visualize, to consult and to allow the Content to run from the Online Product;
  • to save or print non-substantial parts of the Content;
  • by way of quotation (with due regard for Article 15a of the Copyright Act), to copy Content from the Online Product into documents that are created, used or issued during the course of the Client's normal business operations.

The Client will not make the Online Products available to third parties.

Except to the extent permitted on the grounds of mandatory legal provisions, the Client may not alter, translate, reproduce, decompile, or reverse engineer the Online Products, or combine the Online Products with other works or create derivative works from the Online Products.

The Client will grant New Heroes and third parties appointed by New Heroes access to the area where the Online Product is stored and/or used, to check whether the Online Product is used in accordance with the right of use.

Implementation, new versions and maintenance
The Client agrees to grant New Heroes the access, assistance, data and materials required, to ensure that New Heroes can properly grant access to the Online Products.

Unless agreed otherwise, New Heroes may, if deemed necessary in New Heroes’ opinion, take Online Products and one or more components thereof offline, temporarily, and/or to restrict the use thereof for the purpose of preventative maintenance or to implement corrections or changes, amongst other things. New Heroes will inform the Client as soon as possible if the Online Products will be temporarily unavailable or if use thereof will be restricted. New Heroes will inform the Client, as soon as reasonably possible, in the event of emergencies resulting in Online Products having to be taken offline immediately or resulting in use thereof having to be restricted immediately.

Guarantees
New Heroes guarantees that the Online Products are free of defects and will run without interruptions. New Heroes does not provide any guarantees in connection with suitability for a specific purpose or specific use.

New Heroes is not responsible for the acquirement and/or proper functioning of the Client’s infrastructure or that of third parties. New Heroes is not liable for loss, damage or costs resulting from transmission errors, failure to function or improper functioning of computer-, data- or telecommunication facilities, including the Internet.

The Client is responsible for meeting all possible technical and functional requirements imposed by New Heroes, in order for the Online Products to be used.

Login credentials and User
The Client needs login credentials in order to be able to use Online Products.

It is the Client’s responsibility to keep the login credentials secret. The Client must inform New Heroes immediately when it becomes aware of or suspects that unauthorized individuals have gained access to its login credentials, without prejudice to the Client’s own responsibility to take immediate and appropriate action, such as to change its login credentials, amongst other things. The Client will, at all times, be responsible and liable for use of the Content and Online Products by third parties using the Client’s login credentials. The Client will indemnify New Heroes against all loss, damage and costs resulting from and/or related to use of the Content and/or Online Products by third parties using the Client’s login credentials.

The Client is responsible and liable for use of the Online Products by Users and guarantees that Users will observe the provisions of the Agreement.

General Terms and Conditions of Use
The following General Terms and Conditions of Use apply when visiting and/or using the New Heroes BV (‘New Heroes’) website, and with respect to the information and materials (the ‘Information’) made available to you on or via this website.

You are 18 or older or have permission from your parent or guardian to visit this website. If you do not agree to these General Terms and Conditions of Use, please leave the website immediately.

Information 
The greatest possible care is taken to maintain the New Heroes website. In spite of this, New Heroes cannot guarantee that the website and the Information published on it will always be complete, correct or up-to-date. This Information is intended solely as a source of information and is not intended as advice. New Heroes cannot guarantee that the Information does not constitute an infringement of the intellectual property rights of third parties or that it is otherwise unlawful towards third parties.

Third-party Information
The Information on this website, originating from third parties, only conveys the relevant third party’s personal opinion. New Heroes is not responsible for the content of this Information and accepts no liability for it.

Property rights
The website, design, text, ‘content’, logos, images and the manner of compilation are protected by the copyrights and/or intellectual property rights of New Heroes or its licensors.

You may consult this website and the Information and may make copies thereof for your own use, by printing or saving, for instance, except when indicated otherwise on the website or in the Information. Every other form of use of the website or the Information will be subject to New Heroes’ prior written permission.

User content
When you use the publication options or interactive services on the website (as a User), you agree to the following General Terms and Conditions of Publication and to the forms of interaction:

  • Your reactions, text and publications (including photos/videos) will not be discriminating, sexually-oriented, hateful, or offensive to other Users (with respect to language, visuals and tone);
  • You will not post any contributions of a commercial nature and will not send out any solicited or unsolicited advertisements;
  • You are the proprietor of the photos, videos and/or text that you post on the website, and you indemnify New Heroes if it were to be held liable by third parties;
  • You will not post or send out any data or material distributing viruses or other (malicious) programs or computer software, to cause an (adverse) effect on the way in which the computer software runs. The same applies with respect to uploading and also for hardware.

New Heroes will determine whether or not the forms of interaction have been violated. New Heroes does not have to justify its decisions in this respect, whatsoever, to the User(s) or to third parties. New Heroes is not responsible for the content of contributions posted by Users of the website. New Heroes reserves the right to remove contributions at any given time, without having to justify its actions.

Suspension and termination
New Heroes may freely determine, at its discretion, whether any of the General Terms and Conditions of Use have been violated. New Heroes does not have to justify its decisions in this respect, to the User(s) or to third parties. If New Heroes is of the opinion that these General Terms and Conditions of Use have been violated, it may proceed to remove the relevant User’s access rights for the website or use of the website. The aforementioned does not affect New Heroes’ ability to recover the loss or damage suffered by it, and by third parties, from the relevant User(s).

Exclusion and limitation of liability
The website and its content are offered without any guarantees, whether explicit or implicit.

New Heroes and its affiliates – including but not limited to its employees, managers, affiliate organisations or other representatives – are not liable for any loss or damage resulting from use of, or inability to use, this website or the Information, unless the loss or damage is a result of intentional actions or wilful recklessness on New Heroes’ part.

New Heroes is not responsible for the content or performance of external websites referred to via this website, nor is it responsible for the quality of any products or services offered on such websites, and consequently accepts no liability in that respect.

New Heroes is also not responsible for the content posted on this website by third parties, including Users.

Possible loss, damage and/or costs incurred by you, in connection with use of the website, will be for your own account. New Heroes and its affiliates – including but not limited to its employees, managers, affiliate organisations or other representatives –cannot be held liable for loss or damage resulting directly or indirectly from the use of the material or inability to use the material, including the facilities or services offered through this website. Liability for direct or indirect loss or damage, including but not limited to lost profit or income, lost data and/or loss or damage due to third-party claims, will not be accepted. If the aforementioned exclusion of liability should fail to be proven valid in court, whether entirely or in part, liability on the part of New Heroes and its affiliates –including but not limited to its employees, managers, affiliate organisations or other representatives – will, in all cases, be limited to the amount paid by you, the User, for the ability to use the website, up to a maximum amount of €1,000.

Nullity/nullification of provisions
If any of the provisions of these General Terms and Conditions of Use are declared void or voidable, entirely or in part, or are otherwise found to be invalid, the remaining provisions will remain in full force. The provisions that are not legally valid or cannot be legally enforced, will be replaced by provisions that approximate the intent of the original provisions to be replaced, to the greatest extent possible.

Applicable law and jurisdiction of the court
These General Terms and Conditions of Use are governed exclusively by Dutch law. The court with jurisdiction in the Oost-Brabant district has exclusive jurisdiction to take cognisance of disputes which arise in connection with these General Terms and Conditions of Use.

Amendments to the General Terms and Conditions of Use 
New Heroes reserves the right to amend the General Terms and Conditions of Use. The amendments will take effect as soon as the updated General Terms and Conditions have been posted on the website. These General Terms and Conditions were last amended on 1 September 2017.

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