Prowise B.V., having its registered office in Budel and registered with the Chamber of Commerce under number: 52893766 (hereinafter referred to as: Prowise) offers you various services, including: Presenter, ProConnect and the Community. Insofar as no statutory rule stands in the way of that, the conditions below apply to the use of the Prowise services.
Derogations from or additions to these conditions of use are only binding if Prowise has accepted these in writing.
- The services of Prowise and its related companies enable you to – among other things – generate, amend, download and share educational material.
- In order to make use of the various Prowise services, you must first register on the Prowise website.
- Once your registration is completed, Prowise will automatically generate and activate an account and you will be able to log into your account and use the Prowise services immediately.
- You are required to block unauthorised access to your account by means of a user name and password. Particularly the password must be kept strictly confidential. Prowise may assume that everything that takes place through your account following a login using your user name and password is carried out under your direction and supervision. This means that you are liable for all these actions, unless you have informed Prowise that another person is aware of your password.
- The Prowise services process your personal data. Please consult the Prowise privacy and cookie statement for more information.
Right of use
- Accounts are personal and non-transferable.
- You are forbidden from using the Prowise services for activities that conflict with national or international applicable laws and regulations. In addition, you are forbidden from using the Prowise services in a way that can cause losses or nuisance. This includes, expressly without limitation:
- storing or spreading information that is defamatory, libellous or racist;
- sending unsolicited messages (spam) or advertising in another manner;
- using programmes that may reasonably be expected to hinder the operation of the Prowise services or third-party services;
- infringing on any intellectual property rights of Prowise or third parties;
- spreading pornographic material, or making it public, which does not include material containing functional nudity (for example for educational purposes);
- spreading information that damages Prowise’s reputation or good name;
- computerised use of, consultation of or access to services and/or the Prowise website, for example by means of scripts, spiders and/or bots.
- If Prowise finds that you have violated one of the above conditions, or receives a complaint about that, Prowise may take measures to end the violation. Violation of paragraph 2.1 will in any case result in your account being closed and removed, without any restitution of subscription fees.
- If, at Prowise’s discretion, the operation of the Prowise’s computer systems or network, third-party networks and/or service provision via the internet is hindered or at risk, in particular as a result of excessive amounts of email or other data being sent, leaked personal data or virus activity, Trojan horses and similar software, Prowise is authorised to take any reasonable measures it deems necessary to avert or prevent such risk.
- Prowise is entitled at all times to report any criminal acts discovered.
- Prowise will under no circumstances be liable for any loss of any kind that you suffer as a result of the closure of its services or the removal of information in connection with a violation of the conditions of use.
- Prowise may recover from you any losses or damage suffered as a result of violation of these rules of conduct. You indemnify Prowise against all third-party claims in connection with the information you have posted or the other data traffic you generate.
- You are personally responsible for any online business transactions using the Prowise services, including – without limitation – generating and sharing educational material.
Availability, maintenance and service
- Prowise will make every effort to ensure, but cannot guarantee that its services will be available at all times.
- Prowise has the right to take the Services it offers or parts thereof temporarily out of operation for the purpose of (planned and unplanned) maintenance, adjustment or improvement. To the extent possible, Prowise will endeavour to only put the Services or parts thereof out of operation outside of office hours and working days. In addition, Prowise will make every effort to inform you of when the Services or parts thereof are going to be put out of operation.
- Prowise will under no circumstances be liable for any loss you suffer as a result of the Services or parts thereof being put out of operation for maintenance, adjustment or improvement thereof.
- In the event that an adjustment should result in a significant change in the functionality, Prowise will endeavour to inform you of that.
- Questions, failures or other notices must be communicated to the Prowise customer services via the website, by email or by telephone.
- All parts of the Prowise services, including the software and any information and images displayed on the website and/or incorporated into the software are the intellectual property of Prowise and its licensors. Except in those cases in which it is legally permitted, these may not be copied or used without the separate written permission of Prowise.
- For the duration of your subscription, you will have the right to use the Prowise services, including the content Prowise offers you by means of those services, and the information generated using those services (such as educational material) for informative, educational and commercial purposes. After cancellation of your subscription, it is no longer possible to access the content you have generated, unless you have exported it. You may only use this information with due observance of Prowise’s rights in respect of that information. However, the information generated by you will remain available to other users of the services through which you have shared the information.
- It is possible to export the information generated by you during the term of your subscription.
- All rights to information that was specifically created by you (such as specific texts or images) and that you store or share via the Prowise services, belong and will continue to belong to you (or your suppliers). Prowise has a restricted right of use to use this information for the benefit of its services.
- You may revoke the right of use by deleting the relevant information and/or terminating the agreement, with the exception of the information that you have expressly shared.
- If you send information to Prowise, such as feedback on an error or a suggestion for improvement, you provide it an unlimited, perpetual right to use this information for the benefit of its services.
- The Prowise services enable you to search usable content, such as images, on the internet. You must ensure that you have the right to use such content. You indemnify Prowise against any third-party claims arising from an infringement of the rights of these third parties.
Right of withdrawal
- If you can be classified as a consumer, not acting in the framework of the exercise of a profession or the carrying on of a business, you have the right to cancel the subscription to Prowise Presenter Pro, as referred to in Article 6, within fourteen days of taking it out.
- Following cancellation of the subscription as referred to in the preceding sentence you are obliged to pay Prowise a compensation for any use of the subscription until its cancellation.
- The minimum term of the subscription for Prowise Presenter Pro is one year.
- Upon expiry of this term, the subscription will be automatically renewed. If you are acting as a consumer, you can terminate the agreement at any time after this renewal, subject to a notice period of one month.
- You can use Prowise Presenter Pro against payment of the fee as stated on the website.
- Prowise may amend the fee as referred to in Article 6 on an annual basis. If you are acting as a consumer, you will have the right to cancel the subscription immediately after Prowise increases the fee.
- You must pay the fee within 30 days of the invoice date. In the event of late payment, you are in default immediately, after which Prowise will send you a notice of default stating that, in the event of late payment, in addition to the amount owed at such time, you will owe a default interest of 1% a month from the moment you are in default, as well as the extrajudicial expenses to the amount of at least 15% of the debt, to a minimum of EUR 100.00.
- If you are acting as a consumer and do not pay within the term referred to in paragraph 3, Prowise will inform you of the late payment and allow you an additional term of fourteen days to comply with your payment obligations after all. If you do not pay within the abovementioned 14-day term as referred to in this paragraph, you will owe the statutory interest on consumer transactions and the extrajudicial expenses as referred to in the BIK graduated scale, with a minimum of EUR 40.00, calculated on the basis of the amount owed.
- If, after receiving a payment reminder, you fail to pay invoices within the term set, Prowise will send you an additional notice of default, after which you must pay the invoice, including the statutory interest and the compensation for extrajudicial expenses, within five working days.
- If, after receiving the notice of default as referred to in paragraph 3 and 5, you continue to fail to pay the amount owed, Prowise may pass on the debt for collection, in which case, in addition to the amount owed, including the statutory interest or contractual interest and the extrajudicial costs, you will also be obliged to pay all the legal costs.
- From the moment Prowise can claim statutory interest from you, Prowise will also be authorised to deny you access or restrict your access to the Prowise services.
Amendment of the conditions
- Insofar as this is legally permitted, Prowise may amend these conditions.
- Prowise will announce any changes or additions at least thirty days before these take effect by means of its website or via Presenter after login, in order to notify you thereof.
- If you do not wish to accept a change or addition, you may cancel the agreement until the date it takes effect. Use of the Prowise services after the effective date will be regarded as acceptance of the amended or additional conditions.
- To the extent that the rules of mandatory law do not prescribe otherwise, any disputes in connection with Prowise will be referred for adjudication to the competent court in the Netherlands in the district in which Prowise has its offices.
- Prowise is entitled to transfer its rights and obligations under the agreement, as well as the personal data processed by it to a third party taking over Prowise or the relevant business activity from Prowise.
- If any provision in these conditions of use is found to be void, this will not affect the validity of the conditions as a whole. In such case, the parties will replace that provision by one or more new provisions reflecting the purport of the original provision as far as is possible under the law.