Intellectual property rights
The copyright and/or any other intellectual property right to the Education material or any other work arising or connected to an Assignment or Training, rests with DIALEXIS ADVIES or third parties. The intellectual property rights never belong to the Client. Client and Participant may only use the by DIALEXIS ADVIES made and/or provided Education material or any other work for themselves. It is without prior explicite written permission of DIALEXIS ADVIES not allowed to:
- Copy education material or any other work entirely or partially and/or make public by means of press, photocopy, microfilm, imagery, magnetic disk or tape, storage in a retrieval system accessible to third parties, or by any other means, electronically, mechanically or otherwise.
- give, sell or by any other means entirely or patially provide education material or any other work to third parties.
The liability of DIALEXIS ADVIES, which also includes the liability for its employees and for its hired third parties, for economic loss and intangible loss, including consequential damages, the developing of which is attributable to Dialexis ADVICE, is limited in all cases to a maximum of the invoice value of the part of the contract from which the liability arises.
DIALEXIS ADVIES does not accept liability for damage to (personal) property of Participant or Client.
All the by DIALEXIS ADVIES developed and/or composed education material or any other work, arising from or connected to an assignment or training programme, has been composed carefully and to the best of our knowledge. Even so, DIALEXIS ADVIES cannot in any way vouch for its correctness and completeness.
DIALEXIS ADVIES will therefore not accept any liability for damage, of whatever nature, which is the consequence of deeds and/or decisions that are based on the meant material and works.
DIALEXIS ADVIES cannot vouch for the correctness or completeness of tips and advises given during a training programme.
DIALEXIS ADVIES and the trainers will not accept any liability for damage, of whatever nature, which is the consequence of actions and/or decisions that are based on the meant tips/advises. The participants are advised not to use these tips/advises isolated but to trust their own professional knowledge and experience and to check the possible advises before they are applied to the work situation.
DIALEXIS ADVIES stipulates all legal and contractual defenses that it can invoke to ward off its own liability to the Client, also on behalf of its subordinates and non-subordinates for whose conduct it may be liable under the law.
The Client guarantees that drawings, models or other instructions in the widest sense of the word, which are made available by the Client for the development and/or composition of education material or other works, will not violate any intellectual property rights or any other rights of third parties by use of the material.
The Client indemnifies DIALEXIS ADVIES of all claims of liability of third parties in this regard. The Participant must observe the security instructions and standards stipulated by DIALEXIS ADVIES. If the Participant refuses to do so, he/she is entirely liable for the consequences.
DIALEXIS ADVIES obliges itself to save all the company data given by the Client. DIALEXIS ADVIES will not other than after prior consultation with the Client give away these data to third parties to use or publish these data. DIALEXIS ADVIES will be able to freely use data made available to DIALEXIS ADVIES by Client and/or Participant, unless otherwise agreed in written.
If, according to the reasonable judgement of DIALEXIS ADVIES, a situation of force majeure give cause, DIALEXIS ADVIES has the right to entirely or partially end the agreement or suspend the execution of the agreement, without any compensation being due. If the Client has paid anything in advance this will be refunded pro ratio by DIALEXIS ADVIES, after deduction of 20% of the total invoice value as compensation for costs already incurred by DIALEXIS ADVIES. If the already paid is less than 20% of the total invoice value, there will be no refund.
In case the situation of force majeure regards a certain Training meeting, DIALEXIS ADVIES will where possible appoint another time or day for the meeting or postpone the entire training programme.
DIALEXIS ADVIES can terminate the agreement with the Client by registered letter with immediate effect and without judicial intervention, without being liable for any compensation for damage, taking into account article 7 5/5 in which termination is the same as cancellation, if:
- Client request postponement of payment or its bankruptcy or is declared bankrupt or offers an agreement outside bankruptcy, or if any part of its assets is seized;
- Client ceases its operations, ceases to strive its staturory objective, decides to liquidate, or in any way loses its legal personality;
- Client or Participant does not, not in time, or not properly fulfill one or more obligations, arising from the agreement, and if he/she does not eliminate this negligence within 14 days (or), after DIALEXIS ADVIES has admonished to do so by registered letter.
The above provisions shall not affect the remainder of the legal powers of DIALEXIS ADVIES, such as the right to demand fulfillment and/or compensation.
Governing law and jurisdiction
To all legal relationships between DIALEXIS ADVIES and the Client Dutch Law applies, unless explicietly otherwise agreed. Only the court in Arnhem has jurisdiction to decide on all disputes arising from or in connection with an Assignment, these Terms and Conditions, an invoice or otherwise, insofar as the Client or Participant has notified that he/she wishes to submit the dispute to the legally empowered court, not within one month after DIALEXIS ADVIES has invoked this decision.
Processing personal data
The responsible party for the processing of personal data is:
Dialexis Advies BV
A. Hegiusstraat 15
7412 XN Deventer
We process personal data, because this is necessary:
- for a functional website. For example, we process personal data to inform interested (future) participants about the trainers (name, picture, informational piece delivered to us by the trainer) and to be able to register for a training;
- to draft a contract with the trainers;
- to meet a legal obligation, for example to meet fiscal duties;
- to represent the legitimate interest of us or another party, for example processing data to gain accreditation for our training at PE-Online;
- to process certification and customized follow-up training. This is only insofar as you have not objected to the use of your personal data;
- to be able to process and respond when you contact us via phone, e-mail or the registration form.
Our starting point is that personal data are only accessible for employees of Dialexis Advies, or, only when a legitimate interest is being represented and insofar it is necessary to represent this interest (e.g. accreditation and fiscal duties), to third parties.
Our website contains links to websites of other organisations. We are not responsible for the protection of data on external websites that you can reach through our links.
If you have a complaint about the use of personal data by Dialexis Advies, then you can contact us via firstname.lastname@example.org or the complaints commission. You also have the right to hand in a complaint via the Authority Personal data (Autoriteit Persoonsgegevens).