General terms and conditions Koninklijke Boom uitgevers (consumers)
These general terms and conditions apply in addition to the Algemene Voorwaarden Thuiswinkel and govern all offers, quotations, and agreements of Boom uitgevers issued to consumers concerning the provision of Content and Services of the subsidiaries of Koninklijke Boom uitgevers B.V. which refer to these general terms and conditions, hereinafter referred to as “Boom uitgevers”.
Article 1 – Definitions
These conditions use the following definitions:
Subscription: an Agreement in which Boom uitgevers undertakes to periodically deliver Content and/or a Service to a Customer during the subscription period until the moment of valid termination by the Customer or termination by Boom uitgevers.
Content: all works and other materials, in whatever form – whether or not digitally – published by Boom uitgevers or third parties, and sold or made available – whether or not online – by Boom uitgevers, including books, e-books, magazines, articles, calendars, tests, questionnaires, educational materials, courses, exams, and databases.
Credits: credits granted to the Customer by Boom uitgevers against payment, which enable the Customer to make use of Digital Services.
Service: a service offered by Boom uitgevers which it performs when contracted by and/or for the benefit of the Customer, including, but not limited to, a Digital Service and an Event.
Digital Content: all Content made available in digital format, including Content made available as a digital copy (download) or Digital Service (licence).
Digital Service: a Service based on which Boom uitgevers grants access to Digital Content to the Customer and possible additional features using an electronic communication network and/or software, available online or offline, using a website, app, or otherwise.
Event: a training course, workshop, seminar, teacher's day, or a similar service.
User: a natural person who has the right to make use of a Digital Service based on the Agreement or the Conditions.
Customer: the natural person not acting for purposes related to its commercial activities, corporate activities, or professional activities, who concludes an Agreement with Boom uitgevers, hereinafter also referred to as ‘Consumer’.
Agreement: the Agreement between Boom uitgevers and the Customer concerning the sale or provision of Content and/or Service in whatever form and by any means.
Token/Access code: a verification method which enables Boom uitgevers to grant the Customer a unique figure/letter code with which the Customer can access Digital Services.
Conditions: these general terms and conditions and the Algemene Voorwaarden Thuiswinkel
Article 2 – Identity of Boom uitgevers
Koninklijke Boom uitgevers B.V., Stationsweg 66, 7941 HG Meppel, www.boom.nl and its subsidiaries:
- Boom uitgevers Amsterdam B.V., Prinsengracht 747-751, 1017 JX Amsterdam
- Boom uitgevers Den Haag B.V., Hofweg 9D, 2511 AA Den Haag
- Boom Beroepsonderwijs B.V., Stationsweg 66, 7941 HG Meppel
- De Tijdstroom B.V., Prinsengracht 747-751, 1017 JX Amsterdam
- Boom Voortgezet Onderwijs B.V., Stationsweg 66, 7941 HG Meppel
- Lemion B.V., Prinsengracht 747-751, 1017 JX Amsterdam
Article 3 – Applicability of and amendments to the Conditions
1. These Conditions govern all Agreements between Boom uitgevers and the Customer. The Conditions can be found easily on the websites of Boom uitgevers and will be immediately provided upon request at no cost.
2. Any conditions used by the Customer are rejected by Boom uitgevers and are not part of the Agreement, unless Boom uitgevers has accepted these conditions.
3. Boom uitgevers has the right to amend the Conditions. Amendments to the Conditions also apply to any existing Agreements. Boom uitgevers will communicate any amendments to the Conditions prior to their introduction, for example through its website and/or newsletters. The amended Conditions will take effect two weeks after their announcement, or as much later as determined in the announcement. The Customer has the right to terminate the Agreement with effect from the day on which the amended Conditions take effect.
Article 4 – Invoicing and payment
1. Payment by the Customer must take place no later than within 14 days of the moment on which the Agreement is concluded to the bank and/or giro account indicated by Boom uitgevers, unless (advance) payment has taken place by credit card, iDeal, or another method permitted by Boom uitgevers.
2. Boom uitgevers has the right to suspend the fulfilment of its obligation to provide Content or Services vis-à-vis the Customer as long as the Customer has not met its payment obligation concerning the Content or Services in question.
Article 5 – Delivery and risk
1. The provision of Content and hardware will take place by:
a. delivery of the physical carrier with the Content to the address indicated by the Customer, or
b. online provision, possibly using a personal Token or another verification method.
2. The risk of loss and damage will be borne by the Customer from the moment of provision of Content or tangible objects.
3. Boom uitgevers reserves the ownership of all tangible objects delivered to the Customer until the Customer has fully met all its obligations vis-à-vis Boom uitgevers based on the Agreement.
Article 6 – Access Codes, Credits, and Token
1. An Access Code or Token is strictly personal. The Customer will handle the Access Code or Token in a strictly personal and confidential manner. The Customer may not place the Access Code or Token on publicly accessible places or share it with more persons or third parties, unless such provision is expressly permitted in writing by Boom uitgevers. If the Customer knows, or should reasonably know, that unauthorised third parties can use the Access Code or Token, it will immediately inform Boom uitgevers.
2. The Customer must sometimes use Tokens and Credits when purchasing certain Digital Services, including tests. Tokens can be ordered and paid by the Customer and entitle it to receive Credits. Credits can be entered online to gain access to Content.
3. A Token will only be provided once and must exclusively be used by the person or persons authorised to do so pursuant to the Agreement and/or the written instructions of Boom uitgevers.
4. The Token will be valid for a period of one year after its provision by Boom uitgevers. The Customer can activate the Credits purchased using the Tokens within this period.
5. The Credits will be valid for five years from the date on which these have been obtained by exchanging the corresponding Tokens. The Credit must be used within the indicated period of validity.
6. The Customer will lose any right to the Tokens or Credits not exchanged or used within the applicability period of validity.
Article 7 – Subscriptions
1. Unless expressly stated otherwise, subscriptions offered by Boom uitgevers will be concluded for a period of one year. The Customer can terminate the subscription at any time with effect from the end of this period with due observance of a notice period of one month.
2. The subscription will be tacitly renewed by an indefinite period after the expiry of the initial period. The Customer can subsequently terminate the subscription at any time with due observance of a notice period of one month.
3. Termination must take place in writing or by e-mail. The termination notice must be addressed to the company with which the subscription was concluded. The address and contact details can be found on the website of the company as listed in article 2.
Article 8 – Events
1. Events must be signed up for in writing.
2. The cancellation conditions specified for the Event in question will apply for each specific Event. If no cancellation conditions have been specified for the Event, Boom uitgevers will charge 50% of the costs if the Customer cancels its registration no later than one month before the start of the Event. The full costs will be charged if cancellation takes place less than one month before the start of the Event, in which respect the Customer can always cancel its registration at no cost within 14 days of its registration. If the Customer is unable to attend the Event, the Customer can appoint a replacement to attend the Event at no cost.
3. Boom uitgevers will always list a minimum number of participants when offering an Event. If this amount is not reached, Boom uitgevers has the right to cancel the course in question no later than two business days before the start based on insufficient participants, without being required to pay any form of compensation to the Customer.
4. Course materials will exclusively be provided for personal use or use within the organisation of the Customer and will never be used for commercial purposes.
Article 9 – Intellectual property rights
1. All intellectual property rights, including, but not limited to, copyrights, model rights, database rights, trademarks, trade name rights, or patent rights, and any other rights to or related to the Content and/or Services and associated know-how will be held by Boom uitgevers or its licensors.
2. The Customer may not fully or partially copy or publish Content and/or Services provided and/or made available to the Customer by Boom uitgevers without the prior written permission of Boom uitgevers, unless and insofar as this is permitted pursuant to mandatory statutory rules.
3. Nothing in the Agreement or the Conditions can be interpreted as the transfer of intellectual property rights related to the Content and/or Services.
Article 10 – Use of Digital Services
1. All intellectual property rights set out in Article 9(1) to or related to Digital Services are held by Boom uitgevers or its licensor(s). The Customer will only obtain a non-exclusive, non-transferable, and non-sublicensable right to use the Digital Content and any software needed for this use.
2. The right of use set out in the first paragraph will be granted for the duration of the agreement between Boom uitgevers and the Customer. The effective period of the right of use is one year, unless Boom uitgevers states a deviating duration in writing. In case of the purchase of e-books, Boom uitgevers grants the Customer a license for the duration of ten years.
3. Except where expressly indicated otherwise, Digital Content may only be accessed and used for personal and non-commercial purposes.
4. The Customer may not edit, copy, publish, or make Digital Content available to third parties in any way, or carry out any other actions with the Digital Content which exceed the scope of the right of use granted in this Article 10, except insofar as arranged in the Dutch Copyright Act. The right of use may only be exercised by Users. If the Agreement does not stipulate who the Users are and how many Users there are, the right of use may only be exercised by one User.
5. Boom uitgevers or its licensor(s) may take technical measures to protect their Intellectual Property Rights. The Customer may not remove or bypass these security measures.
6. Boom uitgevers or its licensor(s) may, insofar as reasonably necessary to enforce intellectual property rights, impose (temporary) restrictions concerning the scope of the right of use or the number of devices or types of devices that can be used to access the Digital Content.
7. If the Customer acts in violation of this Article 10, Boom uitgevers may suspend the access to the Digital Content in question or the web account of the Customer with immediate effect, without prejudice to the right of Boom uitgevers to recover any damage (including costs incurred) caused by or related to the infringement in question from the Customer.
Article 11 – Digital Content on physical carrier
1. The Customer may not make Digital Content offered on a physical carrier publicly available, for example by selling it, offering it for sale, renting it out, or making it temporarily available.
2. Insofar as any use based on copyrights of Digital Content can be invoked within the meaning of Article 12(b) of the Dutch Copyright Act, the Customer will have the right to make the provided copy publicly available, by way of deviation from the provisions of the first paragraph, if:
a. it has obtained a right of use for an indefinite period from Boom uitgevers with respect to the copy in question;
b. it has paid Boom uitgevers a fee which corresponds to the economic value of the copy;
c. it transfers both its license and the copy itself and makes its own copy demonstrably unusable.
3. the Customer may never rent out Digital Content or make it temporarily available.
Article 12 – Use of Digital Services
1. The Customer is required to provide its own name when creating accounts used for Digital Services. Aliases are not permitted. If the Customer believes
that someone else makes use of its account, it will immediately inform Boom uitgevers.
2. The Customer is not permitted to make the Digital Services available for use by any third parties, unless Boom uitgevers has given written permission for this in advance.
3. The Customer must arrange equipment, software, and other (i.e. telecommunications) facilities needed to use the software at its own risk and account. The Customer is responsible for the adequate security and virus protection of its (computer) systems.
4. The Customer is not permitted to fully or partially incorporate or merge software used for the use of Digital Services into or with software not provided by Boom uitgevers, unless Boom uitgevers has given express written permission for this.
5. Decompiling, reverse engineering, or any form of translating or processing software is not permitted, unless and exclusively insofar as these actions are fully covered by what is permitted by the Dutch Copyright Act.
6. Uploading viruses or harmful code, hacking, spamming, or conducting DDoS attacks is not permitted.
7. If the Customer is able to add own content to the Digital Service, the Customer will – by way of exemption – be responsible for any content posted by it on Digital Services. The Customer guarantees that it is authorised to place this content and that this does not infringe on rights of third parties. The Customer indemnifies Boom uitgevers against claims by third parties in this respect. Boom uitgevers cannot be held liable for incompleteness or inaccuracy of the content placed by the Customer.
8. Placing content which is illegal, illegitimate, discriminatory, threatening, pornographic, or which infringes on the privacy of others is not permitted. Conduct in violation of generally accepted standards and values, such as inappropriate and insulting language, racism, prejudices, bullying, and intimidating is not permitted.
9. If the Customer acts in violation of this article, Boom uitgevers may remove content placed by the Customer and suspend the access to the account used for the Digital Services of the Customer with immediate effect, without prejudice to the right of Boom uitgevers to recover any damage (including costs incurred) caused by or related to the infringement in question from the Customer. Boom uitgevers will not be liable for the consequences of the suspension of the access to the account.
Article 13 – Privacy
1. The parties will conclude a processor agreement insofar as Boom uitgevers in the context of the provision of Content and Services processes personal data within the meaning of the General Data Protection Regulation (GDPR) in the capacity as processor as defined in the GDPR for the benefit of the Customer as the controller as defined in the GDPR. This processor agreement is an integral part of the Agreement.
Article 14 – Termination of the Agreement
1. Boom uitgevers can fully or partially dissolve the Agreement without notice of default or owing any form of compensation or payment if:
b. the bankruptcy of the Customer is requested;
c. the Dutch Natural Persons Debt Restructuring Act is applied with respect to the Customer, a natural person;
2. The provisions of paragraph 1 of this article are without prejudice to termination pursuant to legal provisions.
3. In case of termination of the Agreement, all payments due to Boom uitgevers by the Customer will be immediately due and payable in full.
4. Dissolution of the Agreement will lead to the immediate termination of the rights of the Customer related to the use of the Content and/or Service.