"The serious part"
Virtual Classroom -
Terms and Conditions
The service “Virtual Classroom” is offered over the internet in the form of Software-as-a-Service by the The Amsterdam VR Company B.V. (also operating under the brand name VR-SPACES.COM).
The use of the Virtual Classroom is subject to the below terms and conditions. Using the Virtual Classroom application constitutes acceptance of these Terms and Conditions.
Deviations from these Terms and Conditions is possible only by means of written confirmation by The Amsterdam VR Company B.V
Article 1. Use of the service
1.1. With the Virtual Classroom, you can train people in an Online Classroom.
1.2. To use the Virtual Classroom, you first need to register. After completing the registration, you can directly log into your account and use the service.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. The Amsterdam VR Company B.V. may assume that all actions undertaken from your account after logging in with your username and password is authorised and supervised by you. This means you are liable for these actions, unless and until you have notified The Amsterdam VR Company B.V. that someone else knows your password.
1.4. The Virtual Classroom processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of The Amsterdam VR Company B.V. for more information.
Article 2. Terms of use
2.1. It is not permitted to use Virtual Classroom for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libellous or racist.
2.2. Should The Amsterdam VR Company B.V. discover that you violate any of the above, or receive a complaint alleging the same, then The Amsterdam VR Company B.V. may intervene to end the violation.
2.3. If in the opinion of The Amsterdam VR Company B.V. the continued functioning of the computer systems or network of The Amsterdam VR Company B.V. or third parties is actually or under threat of being damaged or jeopardised, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, The Amsterdam VR Company B.V. may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.4. The Amsterdam VR Company B.V. is at all times entitled to file a criminal complaint for any offences committed through or using the service.
2.5. The Amsterdam VR Company B.V. may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless The Amsterdam VR Company B.V. from all third-party claims arising out of your violation of these terms of use.
Article 3. Availability and maintenance
3.1. The Amsterdam VR Company B.V. uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. The Amsterdam VR Company B.V. actively maintains the Virtual Classroom. Maintenance can take place at any time, even if this may negatively impact the availability of the service. Maintenance is announced in advance whenever possible.
3.3. The Amsterdam VR Company B.V. may from time to time adapt the Virtual Classroom application. Your feedback and suggestions are welcome but ultimately The Amsterdam VR Company B.V. decides which adaptations to carry out (or not). The Amsterdam VR Company B.V. shall announce planned adaptations at least thirty days in advance.
Article 4. Intellectual property
4.1. The service Virtual Classroom, the accompanying software as well as all information and images on the website is the intellectual property of The Amsterdam VR Company B.V. None of these items may be copied or used without prior written permission of The Amsterdam VR Company B.V., except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). The Amsterdam VR Company B.V. receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to The Amsterdam VR Company B.V., for example a bug report or suggestion for improvement, you grant The Amsterdam VR Company B.V. a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. The Amsterdam VR Company B.V. shall refrain from accessing data you store or transfer using the Virtual Classroom, unless this is necessary for a good provision of the service or The Amsterdam VR Company B.V. is forced to do so by law or order of competent authority. In these cases The Amsterdam VR Company B.V. shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of the Virtual Classroom is subject to a fee which is due every month or year. The fee must be paid in advance.
5.2. Payment is possible through direct debit order, by making a wire transfer to the account of The Amsterdam VR Company B.V., via iDeal online payment, by creditcard, by PayPal money transfer, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of The Amsterdam VR Company B.V. shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. The Amsterdam VR Company B.V. in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to The Amsterdam VR Company B.V. at most two months after discovery.
6.4. In case of force majeure The Amsterdam VR Company B.V. is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force until terminated.
7.2. If you entered into this agreement as a consumer, you may terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement with a notice period of two months.
7.3. The Amsterdam VR Company B.V. is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event The Amsterdam VR Company B.V. shall first send a reminder mail to the e-mail address connected to your account.
7.4. Please note: it is not possible to export data you store or process using the service.
Article 8. Changes to terms
8.1. The Amsterdam VR Company B.V. may change or add to these terms and conditions as well as any prices at the start of a new payment period (as defined in 5.1).
8.2. The Amsterdam VR Company B.V. shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Virtual Classroom after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Miscellaneous provisions
9.1. Dutch law applies to this agreement.
9.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with the Virtual Classroom shall be brought before the competent Dutch court for the principal place of business of The Amsterdam VR Company B.V.
9.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Virtual Classroom service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
9.4. The version of any communication of information as recorded by The Amsterdam VR Company B.V. shall be deemed to be authentic, unless you supply proof to the contrary.
9.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
9.6. The Amsterdam VR Company B.V. is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Virtual Classroom or the associated business activities.
Amsterdam, 20 January 2020