Computer Based Training (CBT) and e-learning Site – Terms and Conditions, updated november 2020

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR COMPUTER BASED TRAINING

Rood Boven Groen (RBG) is a Dutch company with its principal offices in Harlingen, The Netherlands, Europe. RBG (“we” or “us”), provides you with CBT under these Terms and Conditions (this “Agreement”).

The CBT the e-learning Site are referred to together as the “Application.” As used in these Terms and Conditions, ‘you’ or ‘users’ refers to all individuals and entities using the Application in connection with their activities.

Personal information and privacy

To learn about how Rood Boven Groen collects and uses your personal information, refer to our Privacy Policy. Please note that any non-personal information or material sent to Rood Boven Groen be generally be deemed to NOT be confidential.

By using the Application and/or by clicking the “I Agree” button and/or by checking the “I Agree” box you unconditionally agree to follow and be bound by this Agreement.

If for any reason you do NOT agree to be bound by and fully comply with all of the terms of this Agreement, you may NOT use the Application.

Intended Use

The Application is available only to users who are at least 16 years old. You may not provide access to or use the Application or Content thereof for the benefit of third parties or make commercial use of the Application or related content other than in your capacity as user, including as an educational institution or instruction provider, and you may use the Application for your personal use. Use of and access to the Application is void where prohibited.

By accessing and using the Application, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Application will comply with and does not violate any applicable law, regulation, order or guideline.

Modifications of this Agreement

We reserve the right to update or modify this Agreement, at any time and for any reason, without penalty or liability to you or any third party. By continuing to use the Application after any such changes, you unconditionally agree to follow and be bound by this Agreement as changed. For these reasons, we encourage you to periodically review this Agreement.

Disclaimers

If you use and/or access the Application on or from an Android device or from an iOS device or Windows PC/laptop or any other device, Rood Boven Groen cannot guarantee proper working of the Application and shall not be responsible for a not-functioning Application for whatever reason. You are required to make all required software updates on the device used and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of the Application.

Requirements for Use

In order to use the Application, you must have compatible computing and mobile devices, and for updates or for using the Site access to the Internet and data services, and certain necessary software. Fees and charges may apply to your use the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Application. You agree that you are responsible for meeting these requirements and for your use of the Internet, any associated fees, charges or expenses. You are fully aware that in certain areas where you intend to use the Application, such as remote areas or at sea, only satellite connections may be available that will not have enough bandwidth to support the Application and, if they do, only at substantial cost to you.

Application is a helpful instant learning system

The Application is intended as a helpful instant learning system. You should not and must not rely on the Application as your primary tool for learning the skills involved. As further described under “Technology and Support” below, the Application might not function as intended. Specifically, the Application will not function properly if your device is broken or powered off, if the Application software is not enabled or if any hardware or software on your device prevents the Application from operating as intended. The maintenance of your mobile and computing devices is your responsibility. You acknowledge that the Application, depends on your inputs into the Application. You are solely responsible for using the Application. Anyone using the Application assumes full responsibility for the use of the Application and agrees that we are not responsible or liable for any claim, loss, or damage arising from the use of the Application.

Third-Party Websites and Materials

References, documents, material or links within the Application to any third parties or their websites or information are provided only for your convenience and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of third parties.

Accounts

You may register to use the Application by providing your name and e-mail and other information requested in the registration form. We may change the method of registration at our discretion. We might refuse to allow any user to open an account for any reason at our sole discretion. You agree to supply accurate and complete information to us when creating your account and when using the Application, as well as to update such information promptly after any change. You will be responsible for any inaccuracies in the information you provide to us, or for your failure to keep such information up-to-date.

Do not share your account or login information with any third party, nor let any third party access your account. You are fully and solely responsible for maintaining the confidentiality of the login information for your account and for the security of your computer system, mobile device and all activity on your account, even if such activities were not committed by you. We may terminate your account if you let someone use your account inappropriately or if you or anyone using your account violates this Agreement. You agree to immediately notify us of any unauthorized use of your account. We will not be liable for any losses or damage arising from unauthorized use of the Application, and you agree to indemnify and hold us harmless for any improper or illegal use of the Application, and any charges and taxes incurred, unless you have notified us via e-mail at info@rbg-training.com.

Termination of Account

We may for any reason, in our sole discretion and without notifying you, terminate your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of this Agreement, (iii) fraudulent, harassing or abusive behavior or (iv) behavior that is harmful to other users, third parties, and the community ethos of our Application or our business interests. In the event that we terminate your account, you may not register for the Application again without our explicit permission. If you believe that any action has been taken against your account in error, please contact us at info@rbg-training.com.

In addition, if we believe, in our sole discretion, that a violation of this Agreement or any illegal or inappropriate behavior has occurred, we may take any other corrective action we consider appropriate. We will investigate suspected violations of this Agreement or illegal and inappropriate behavior through the Application. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behavior or activities of anyone believed to have violated this Agreement or to have engaged in illegal behavior.

You may request termination of your account at any time and for any reason by sending an e-mail to info@rbg-training.com. Any suspension or termination of your account shall not affect your obligations to us under this Agreement (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), including all those obligations, which by their sense and context are intended to survive the suspension or termination of your account.

Technology and Support

We do not warrant or guarantee that the Application will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery or otherwise interfere with the operation of the Application. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Application, particularly relating to any failure of the reminder system to function as expected, including but not limited to the non-delivery of any alerts or notifications.

In order to use the App you might need to install and use third party software or applications, such as readers and players. You will have to accept all terms and conditions of these applications and their providers in order to use the Application. Even while the Application is designed for and made compatible to such readers and players, we cannot guarantee or make any warranty that these applications will work on your device.

Without limiting the foregoing, we, our licensors, and our suppliers make no representations or warranties about the availability, accuracy, reliability, completeness, quality, performance, suitability or timeliness of the Application, Content, including software, text, graphics, video, photographs, links, or communications provided on or through the use of the Application.

We have no obligation to provide technical support or maintenance for the Application. At any time and for any reason, without notice or liability, we may modify or discontinue the Application or any part of it or impose limits on your use of or access to the Application.

Although we take reasonable measures to keep the Application free of viruses, worms, Trojan horses or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the Application will be free of such contaminations.

User’s Responsibilities

If you submit any information to us through or related to the Application or send us any business information, feedback, idea, concept or invention to us by e-mail, you represent and warrant to us that such information is not confidential and that you have all necessary permission to submit or otherwise make available such information. In addition, you grant us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed, including the right to sublicense through multiple tiers of sublicenses.

You further agree that

•you will not reproduce, duplicate, copy, sell, resell, or exploit the Application, its Content, its software or any portion of any of the foregoing;

•you will not use the Application for any purpose in violation of local, state, national or international laws;

•you will not solicit another person’s password or personal information under false pretenses;

•you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;

•you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;

•you will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;

•you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and

•you will not post or transmit any Content that is (or reasonably should be understood to be) libelous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the Application).

You agree not to interfere or attempt to interfere with the proper working of the Application or to disrupt the operations or violate the security of the Application. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations. You agree to comply with all user responsibilities and obligations as stated in this Agreement. Non-enforcement or our failure to act with respect to a breach by you or others of this Agreement does not constitute consent or waiver, and we reserve the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to us with respect to any prohibited activity or conduct.

License Grant

We hereby grant to you a limited, non-exclusive, non-assignable, non-sub licensable license to download, access and use our Application, any user guides, specifications or related documentation (the “Documentation”), subject to the terms and conditions of this Agreement. This license is only for your personal and use and only for the term of this Agreement. To the extent not limited or restricted under any applicable law or regulation, you are granted permission to temporarily download one copy of the App for use only on a mobile device that you own or control. Depending on the plan you have purchased, you may download and install additional copies, for the time period agreed on and as specified in the plan. You may not distribute or make the App available for use by others on multiple devices simultaneously without our permission and consent. Under this license, except as and only to the extent any of the following restrictions are prohibited by applicable law or any of the restricted activities are permitted by the licensing terms of any open-sourced components incorporated into the App, you may not:

•lend, rent, lease, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App;

•use the Application for any commercial purpose or for any commercial or non-commercial public display;

•copy, decompile, reverse engineer, disassemble, attempt to derive the source code of the App, any App updates, or any part of the App or updates, or attempt to do any of the foregoing;

•copy, modify or create derivative works of the Application, Documentation any Application or Documentation updates or any part of the Application, Documentation or updates;

•remove any copyright or other proprietary notices from the App, Documentation, part of the App or from the Site;

•transfer the Content or materials from the App or Site to anyone else or “mirror” the same on any server;

•circumvent, disable, or otherwise interfere with security-related features of the Application or features that prevent or restrict use or copying of any content;

•use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Application;

•harvest, collect or mine information about other users of the Application;

•post or transmit any virus, worm Trojan horse or other harmful or disruptive element; or

•violate any applicable law, rule or regulation.

If you violate any of these restrictions, this license will automatically terminate, and you may be subject to prosecution and damages.

Life of Device

Under the terms of this Agreement a Life of Device purchase grants you a one-time only download of the Application to be installed and used under the terms of this Agreement. This download will in itself not expire, but anything that might happen to the device the Application is installed on, for any reason or because of any event, might make using or accessing the Application impractical or totally impossible at any time. Under no circumstances will the Application be replaced. The risk of any such event happening to your device is solely and fully yours and is what you explicitly agree to when you purchase a Life of Device download.

Ownership

Rood Boven Groen (RBG) and its licensors own the Site, Documentation and App, including any material or Content made available through the Application and all worldwide intellectual property rights in the foregoing. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the Application. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Application. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.

Apple, Inc.

This provision only applies in respect of the version of the App used on devices of Apple, Inc. This Agreement is an agreement between you and us. Apple has no responsibility for the App or the content of the App, including in respect of claims of intellectual property infringement, product liability or that the App does not conform with applicable law. To the maximum extent permitted by applicable law, Apple provides no warranty in respect of the App and has no obligation to provide support in respect of the App. All claims in respect of the App must be directed to us and not to Apple. Your use of the App must be in compliance with the App Store Terms of Service, and you may only use the App on an iPhone or iPod that you own or control as permitted by such terms. In the event the App fails to conform to the warranty set forth herein, you may notify Apple, and Apple will refund the purchase price for the App to you. Apple shall be a third party beneficiary of this Agreement with the right to enforce this Agreement against you.

Infringement

If you believe that something appearing on the Application infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. We suggest that you consult your legal advisor before filing a notice. Send notices to info@rbg-training.com.

Limitations on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APPLICATION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED DOLLARS ($100).

In addition to the foregoing, we assume no responsibility for any error, omission, interruption, deletion, defect, and delay in operation or transmission or communications line failure. We are not responsible for any problems or technical malfunction of any telephone or cellular or satellite phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or use of the Application. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Any claims arising in connection with your use of the Application must be brought within three (3) months of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement, even if the applicable remedy under this Agreement fails of its essential purpose.

Indemnity

You agree to defend, indemnify, and hold us harmless including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to a) the breach of this Agreement by you or anyone using your computer, mobile device, password or login information; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Application; (c) your violation of any law or regulation; or (d) any other matter for which you are responsible under this Agreement or under law. You agree that your use of the Application shall be in compliance with all applicable laws, regulations and guidelines.

Termination

This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application and you inform us accordingly atinfo@rbg-training.com.

If you violate this Agreement, our permission to you to use the Application automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the Application, at any time and for any reason, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices and destroy all materials downloaded or otherwise obtained from the Application, all Documentation, and all copies of such materials and Documentation. The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Disclaimers, Ownership, Limitations on Liability, Indemnity, Choice of Law and Forum, Entire Agreement and Severability.

Choice of Law and Forum

This Agreement shall be governed in all respects under the laws of The Netherlands, exclusive of its choice of law or conflict of law’s provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Application, you irrevocably agree to submit to the exclusive jurisdiction of the courts located in Leeuwarden, The Netherlands. You waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.

Arbitration

Rood Boven Groen (RBG) can decide, at its sole discretion, to settle any claim and/or dispute arising under or relating to this Agreement by binding arbitration in The Netherlands.
A decision will be made within a period of 45 days after a formal claim has been filed and its filing has been positively confirmed by RBG in writing. The arbitration shall be conducted on a confidential basis. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in maritime healthcare and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in court.

Entire Agreement

This Agreement constitutes the entire agreement between you pertaining to the subject matter hereof. Anything contained in or delivered through the Application that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement.

Severability

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

Assignability

You agree that this Agreement and all incorporated agreements between you and us may be assigned by us, in our sole discretion to any third party.

Contact Information

All notices to you relating to this Agreement shall be sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement shall be in writing and sent to the following:

Rood Boven Groen
William Boothstraat 2-2
8861 TL Harlingen
The Netherlands
info@rbg-training.com

Notice shall be deemed given when e-mail is sent and we have confirmed receiving it. Unless the regular mail is returned to the sender, notice shall be deemed given ten days in the case of international mail to The Netherlands. In matters relating to this agreement use registered mail only.