Terms of Use GEOVERSITY
These general terms and conditions apply to the Courses and Other Educational Activities provided by GEOVERSITY of the Geo-Information Science and Earth Observation faculty ("ITC") of the public legal entity University of Twente (“UT”).
Article 1
Definitions
In these general terms and conditions, the following terms shall have the meanings ascribed to them below:
i. Enrollment: Registration (by You) for a Course or any Other Educational Activities.
ii. You(r): Any individual participating in a Course or any Other Educational Activities.
iii. GEOVERSITY: the ITC Faculty, acting on behalf of the UT.
iv. Course(s): (A) specific educational activit(y)(ies) offered by GEOVERSITY.
v. Other Educational Activities: All other activities offered by GEOVERSITY. This includes, among others: lectures, symposiums, conferences, and other events.
vi. Agreement: The contract (including these general terms and conditions) between You and GEOVERSITY regarding your Enrollment.
vii. Privacy Policy: GEOVERSITY’s privacy policy, which can be found here.
Article 2
Applicability
1. These general terms and conditions apply to all Courses and Other Educational Activities provided and controlled by GEOVERSITY.
2. To access any Courses and/or any Other Educational Activities provided by GEOVERSITY, You must create an account. You agree to provide accurate, current, and complete information during the registration process. You are solely responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account.
3. You agree to fulfill the prerequisites stated in the Course and/or Other Educational Activities information. These prerequisites might contain, a.o, prior knowledge, computer hardware, software and infrastructure. Minimum requirements always apply: uninterrupted electricity supply and internet connection on a personal computer or laptop running the latest version of operating system and internet browser software.
Article 3
User Conduct
1. You agree to use GEOVERSITY for lawful purposes only. You shall not use the platform to upload, post, or transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
2. You agree not to disrupt the normal flow of communication on the platform, or interfere with or disrupt the servers or networks connected to GEOVERSITY.
Article 4
Enrollment and Conclusion of Agreement
1. Enrollment for a Course or any Other Educational Activities and the conclusion of any Agreement between You and UT shall only occur by completing and digitally submitting the enrollment form on the GEOVERSITY website by You, addressing, among other things, eligibility, motivation for participation, and payment, and a written confirmation or confirmation by email from GEOVERSITY.
2. All personal information provided by You to GEOVERSITY in the context of Enrollment will be treated in accordance with Regulation (EU) 2016/679 (‘GDPR). We will process your personal information in accordance with our Privacy Policy.
3. Enrollment for a GEOVERSITY Course is valid for the entire study period, counted from the start of the first (educational) activity relating to said Course. Access to any Course shall be removed upon the end date of any Course. Exceptions to the former may be made, at the discretion of GEOVERSITY, for any paid Courses. Self-paced Courses will have a fixed ultimate end date.
4. A minimum and maximum may be set for the number of participants in each Course or educational activity.
5. GEOVERSITY will inform you about starting the Course or further process as soon as your application for a Course or any Other Educational Activity is accepted or rejected.
Article 5
Performance
1. GEOVERSITY will observe the care of a good contractor in the execution of Courses and/or Other Educational Activities and will make efforts to provide the quality that can reasonably be expected of it.
2. GEOVERSITY aims to conduct Courses and/or Other Educational Activities as indicated beforehand. However, GEOVERSITY is permitted to make changes to the program, locations, and dates if circumstances, including but not limited to force majeure situations, require it. Such changes shall not render GEOVERSITY liable for damages.
Article 6
Payment and subscription
1. Certain Courses or Other Educational Activities GEOVERSITY may require payment or subscription. By purchasing a subscription or making a payment, you agree to pay all applicable fees and charges. All payments are non-refundable, unless otherwise stated.
2. GEOVERSITY reserves the right to change its fees and payment policies at any time, and such changes will be effective immediately upon posting on the platform or notifying users.
3. Any fees will be invoiced directly and in full via Pay.
4. All fees charged by GEOVERSITY are excl. from VAT.
5. A full refund of Course fees will be provided when GEOVERSITY decides to cancel the Course.
Article 7
Termination
1. You may terminate your Enrollment by giving fourteen (14) calendar days prior written notice at no cost and without giving any reasons. GEOVERSITY may ask You for the reason for termination, but cannot compel You to disclose your reason(s). You exercise the aforementioned right of termination by sending an unequivocal statement via email (support@geoversity.io) within this period, stating that the Enrollment must be terminated.
2. If You terminate your Enrollment during or after the start of the Course and/or Other Educational Activities, there is no right to any refund of the amount paid or still owed by You to GEOVERSITY. In case of premature termination of a multi-year Course and/or Other Educational Activities, only a refund of the amount paid or still owed by You to GEOVERSITY shall be made at the sole discretion of GEOVERSITY and only in the event of premature termination of Your Enrollment due to (e.g.) severe illness or calamity.
3. If You fail to fulfill one or more obligations under the Agreement, GEOVERSITY is entitled to suspend your Enrollment and any other obligations it may have towards You. In such an event, GEOVERSITY may ultimately terminate your account as well.
4. The consequences of interrupting the Course as referred to in paragraph 3 of this article 7 include but are not limited to:
i. Denial of access to the digital learning environment, cessation of the provision of learning materials or updates thereof, cessation of teacher guidance, and inability to take exams.
ii. Delay in the study, which may result in the Course no longer (fully) aligning with the examination or the inability to take exams and complete the study with a certificate.
5. Upon termination of the Course as referred to in paragraph 3 of this article 7 above GEOVERSITY has no further obligations towards You.
6. Any terminated Course cannot be resumed. If You wish to continue the Course You must re-enroll (and pay any applicable fees due).
7. GEOVERSITY can restrict access to certain or all Courses and/or Other Educational Activities without prior notice when forced by legislation, sanctions, mis-use of accounts or content, cyber-attack.
Article 8
Copyright, Ownership of Learning Materials and Trademarks
1. All learning materials, content, videos, images, schedules and the like (“Works”) which are used in any Course and/or Other Educational Activities are protected and may not be reproduced or duplicated. It is not permitted to provide to third parties or use the Works in any form, wholly or partially, other than for the purpose of attending the Course and/or Other Educational Activities.
2. You may not record or screenshot any of the Works and provide said records or screenshots to any third party.
3. The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on GEOVERSITY are the registered and/or unregistered Trademarks of GEOVERSITY, or such third party that may own the displayed Trademarks. Nothing contained on our platform serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed without the written permission of GEOVERSITY or such third party that may own the displayed Trademarks.
Article 9
Liability
1. GEOVERSITY shall not be liable for damage suffered by You in the performance of the agreement, except in cases where such damage has been intentionally caused by GEOVERSITY or due to gross negligence on the part of GEOVERSITY.
2. GEOVERSITY shall not be liable for damage resulting from actions of teachers, other (assistant) personnel, or fellow Participants engaged by GEOVERSITY, unless such damage has been intentionally caused or due to gross negligence and can be attributed to GEOVERSITY.
3. GEOVERSITY compiles the Works made available by it with great care. However, GEOVERSITY cannot guarantee the completeness and accuracy of these Works. Therefore, GEOVERSITY accepts no liability for damage resulting from any decision or action based on the Works.
4. GEOVERSITY shall only be liable for direct damage. Direct damage shall exclusively mean:
i. reasonable costs incurred to determine the cause and extent of the damage, to the extent that the determination relates to damage within the meaning of these terms and conditions;
ii. any reasonable costs incurred to ensure that GEOVERSITY's defective performance complies with the agreement, insofar as these can be attributed to GEOVERSITY;
iii. reasonable costs incurred to prevent or limit damage, insofar as the participant demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions.
5. GEOVERSITY shall never be liable for indirect damage, including consequential damage, loss of profit, loss of savings, and damage due to business interruption.
6. GEOVERSITY's liability is limited to the amount that would be paid by its insurer in the event. If the damage is not covered by insurance, GEOVERSITY's liability shall be limited to the maximum amount charged to You in connection with the respective Course and/or Other Educational Activities.
Article 10
Force Majeure
1. Force majeure shall mean circumstances that prevent the performance of the obligation and which are not attributable to GEOVERSITY. This shall include, but not be limited to:
i. strikes in organizations other than those of GEOVERSITY;
ii. wildcat or political strikes in GEOVERSITY's organization;
iii. a general shortage of necessary raw materials and/or other goods or services required to fulfill the agreed performance;
iv. unforeseeable stagnation in the supply by suppliers or other third parties on which GEOVERSITY depends.
v. GEOVERSITY is also entitled to invoke force majeure if the circumstance that prevents further performance occurs after GEOVERSITY should have fulfilled its obligation.
vi. amendments of, or additions to, national or international (knowledge) safety and export control regulations;
2. During force majeure, GEOVERSITY's obligations towards You shall be suspended. If the period during which performance of the obligations by GEOVERSITY is not possible due to force majeure lasts longer than two (2) months, both parties shall be entitled to dissolve the Agreement without any obligation to pay damages.
Article 11
Applicable Law and Competent Court
1. All agreements between GEOVERSITY and the participant shall be governed exclusively by Dutch law.
2. Disputes concerning agreements between GEOVERSITY and the participant shall be exclusively settled by the District Court of Overijssel.
Article 12
Changes to the terms and conditions
GEOVERSITY reserves the right, from time to time, with or without notice to You, to change these terms and conditions, including its Privacy Policy, in our sole and absolute discretion. It is your sole responsibility to check the GEOVERSITY website (“Site”) from time to time to view any such changes to these terms. You will be deemed to have accepted such changes by continuing to use our Site. The most current version of these terms and conditions can be reviewed by visiting our Site and clicking on “Terms and Conditions” located at the bottom of the pages of the Site. The most current version of the Terms and Conditions will supersede all previous versions.