Definitions
Unless the context otherwise requires, any word, term or expression used in these Terms of Use shall be construed according to its ordinary meaning. This shall be without prejudice to the following:
“Cookies” shall mean a bundle of data sent from a web server to a browser and stored on the hard drive of the computer from which the browser is being accessed;
“Company” shall mean INERC BV;
“Personal Data” shall have the same meaning as is attributed to it by the General Data Protection Regulaton);
“Services” shall mean the provision of any services provided by the Company.
“User” or “Users” shall mean anyone making use of the Services provided by the Company and/or anyone accessing the Website of the Company for whatever purpose;
“Website” shall mean the website operated by the Company and having the following url’s
Use of Services
Use of the Services provided by the Company through its Website shall be conditional on agreeing to observe the following Terms of Use. Use of the Services provided by the Company shall entail your agreement to be bound by these Terms of Use.
Use of the Services provided by the Company shall be conditional on having access to the World Wide Web, either directly or indirectly. Payment of any fees associated with the said access shall be the responsibility of the User, who shall also be responsible for providing all the necessary equipment to connect to the World Wide Web, whatever form the said equipment may take.
Proper Use of Services
Users shall use the Services only for lawful purposes and in particular they shall not:
– make use of any obscene, threatening, menacing, offensive, defamatory materials or such materials as are in violation of any law or regulation, in breach of confidence, harmful to minors, in breach of intellectual property right or otherwise unlawful when making use of the Services
– impersonate any person or entity, falsely state or otherwise misrepresent affiliation with a person or entity;
– make use of the Services so as to cause other Users or third parties to receive unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
– make use of the Services to knowingly or negligently transmit any electronic material that may be detrimental or/and cause any sort of damage or malfunction to the computer system of the Company or of any other User or third party; and
collect or store Personal Data about other Users or third parties
Any breach of the aforementioned shall entitle the Company to terminate your use of the Services
Records Register
Article 31 of Regulation (EU) 2018/1725 requires the INERC BV to retain information about its processing operations involving personal data, and to make this information publicly accessible. The information that is retained is referred to as records of processing operations.
Our records of processing operations contain the following information:
- the name and contact details of the client;
- the purposes of processing personal data;
- a description of the categories of persons affected, including which personal data related to them will be processed;
- the categories of recipients to whom the personal data have been or will be disclosed including recipients in Member States, third countries or international organisations;
- details of the transfer, where applicable, of personal data to recipients in third countries or international organisations, including the name of the country or international organisations involved, as well as the documentation of relevant safeguarding measures undertaken;
- where possible, the envisaged time limits for erasure of the different categories of personal data.
INERC BV also has adequate technical and organisational measures in place to ensure that personal data are processed securely in line with Article 33 of Regulation (EU) 2018/1725.
The records are part of a central register kept by the INERC BV Data Protection Officer (DPO). The register, including hyperlinks to the relevant records, can be found below. It is updated on a regular basis.
If you need more information about a particular data processing operation, please contact the INERC BV Data Protection Officer at info@inerc.nl
For any technical issues regarding access to the records please send an email to info@inerc.nl
Who is responsible for your personal data?
INERC BV is the data controller and the Directorate General Communications is responsible for processing personal data.
Only dedicated INERC BV Staff will have access to your personal data.
HYDROGENSAFETY.EU Terms and Conditions of Use
Welcome to HYDROGENSAFETY.EU website! The use of our website, phlearn.com, and our tutorials (collectively, the “Services”) is governed by the following Terms and Conditions of Use(“Terms”) and privacy policy (“Legal Notices”). Our Services are provided by INERC BV, The Netherlands based company. By using our Services, whether you are a registered user or not, you expressly agree to these Legal Notices which are provisioned to protect both you and us. If you disagree with any part of the Terms, then you do not have permission to access the Services.
Modification to Legal Notices
From time to time, we may modify or update our Legal Notices. If we do modify or update our Legal Notices, your continued use of our Services after the effectiveness of the modification or update will be deemed to represent your agreement with, and consent to be bound by, the new Legal Notices.
Links To Other Web Sites
Our Service may contain links to third party websites or services that are not owned or controlled by INERC BV.
INERC BV has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that INERC BV shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
Your HYDROGENSAFETY.EU Account
- Are you Eligible? Your account must be registered by a human, 18 years of age or older. Accounts registered by any automated method, such as a bot, are not permitted and will be terminated.
- Your Information. HYDROGENSAFETY.EU accounts require a valid non-temporary email address. When conducting a purchase on the HYDROGENSAFETY.EU website along, additional information will be required. HYDROGENSAFETY.EU only allows one account per person. Personally identifiable information will be subject to our Privacy Policy.
- Your Password. You are responsible for maintaining the security of your account and password. HYDROGENSAFETY.EU will not be liable for any loss or damage from your failure to comply with this obligation.
- Restrictions. You may not use the HYDROGENSAFETY.EU for any illegal or unauthorized purpose. You must not use HYDROGENSAFETY.EU to violate any laws in your jurisdiction and must not use HYDROGENSAFETY.EU to do any of the following actions:
- Distributing any virus, trojan horse, malware, or other harmful or disruptive computer code, mechanism, or program.
- Interfering with or circumventing any security feature of HYDROGENSAFETY.EU website.
- Interfering with any feature that restricts or enforces limitations on use of or access HYDROGENSAFETY.EU.
- Infringing or violating the rights of any other party, including any intellectual property rights, including copyright laws, or rights of privacy, or publicity.
- Being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by HYDROGENSAFETY.EU in its sole discretion.
- Deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.
Content
We agree to grant you a non-exclusive, nontransferable, limited and revocable license to access and use our Services and Content for personal, non-commercial use only. The term “Content” means all information, text, images, videos, trademarks, logos, data, links, software, or other material accessible through our website which was created by us. Please acknowledge that there will exist third party content, including content created by you or other HYDROGENSAFETY.EU users, on our website which does not fall under the aforementioned definition. The Content may be used solely for personal, non-commercial informational purposes. No part our Services or Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
INERC BV has the right but not the obligation to monitor and edit all Content provided by users.
User Generated Content
Our Services allow users to generate, submit and/or post content “User Content” to our website. You expressly acknowledge and agree that you, as the user, are in the best position to know whether the User Content you post is in violation of any copyright, trade secret, trademark, or any other intellectual property rights of another person or entity. HYDROGENSAFETY.EU does not, and cannot, police or otherwise review User Content as a matter of course or policy to determine if and whether your User Content is infringing. Therefore, it is very important that you are cautious and careful when deciding whether to make the User Content available on our website. You agree that any User Content in which you generate, submit and/or post to our website using our Services does not and will not violate any law or infringe on the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, trademark, or any other intellectual property rights, or any other harm resulting from your web clipping, uploading, posting or submission of User Content to our website.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, the Promotion rules will apply.
Authority to Remove User Content
We reserve the authority to edit or remove User Content submitted to our website for any reason, including User Content that we believe in our sole discretion, violates or Legal Notices.
Prohibited Conduct
You are prohibited from posting on or transmitting through our website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind that infringes the intellectual property rights or is otherwise injurious to third parties, including but not limited to any material or content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
Use By Minors
If you are under 18, please do not attempt to access, post or register on our website.
Intellectual Property
You will retain all ownership rights to any User Content that you generate, submit and/or post to our website, and we are not obtaining ownership rights to any of your User Content. We do, however, need you to grant us a non-exclusive, royalty-free, irrevocable, transferable, sub-licensable, worldwide license in your User Content, so that we can incorporate such User Content in our offered Services. Without such rights, we may be violating copyright and other laws by storing, posting, compiling, backing up and allowing the download of your User Content on our website. The rights you grant to us include the right to modify, reproduce, distribute, prepare derivative works, reformat, publish, and add certain links to your User Content so that we can present it in a user-friendly format to enhance your user experience in connection with our Services.
Protecting Copyrights and Other Intellectual Property
We absolutely respect the intellectual property of others, and we ask you, our loyal users, to do the same. HYDROGENSAFETY.EU complies with the federal Digital Millennium Copyright Act “DMCA”). We will promptly respond to notices of alleged copyright infringement or other intellectual property infringement that complies with the DMCA and other applicable laws. In addition, you agree that in the event HYDROGENSAFETY.EU receives a written notice in accordance with the DMCA notice elements alleging that certain User Content infringes upon, dilutes, tarnishes or otherwise violates a trademark or trade secret rights, HYDROGENSAFETY.EU may in its sole discretion remove, delete or disable access to such User Content.
If you would like to submit written notice of an alleged copyright infringement, such written notice may be sent to our designated agent via our online DMCA complaint form here.
Should you choose not to send notice via the online DMCA complaint form above, a written notice of alleged copyright infringement must be addressed to our designated agent as listed below and include the following: 1) a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed; 2) specific identification of each copyrighted work claimed to have been infringed; 3) a description of where the material believed to be infringed is located on our website; 4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6) a statement that the information in the written notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you are alleging infringement of an intellectual property right other than copyright, please provide a written notice specifying the intellectual property right at issue (for example, “trademark”) and send via postal mail or email to our Copyright Agent here:
INERC BV
J.F. Ankersmitstraat 3
1068JX Amsterdam
The Netherlands
Email: info@inerc.nl
In an effort to protect the rights of intellectual property owners, we maintain the right, in our sole discretion, to terminate, in appropriate circumstances, the access and use of our Services of users who are repeat infringers.
Accounts
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Orders For HYDROGENSAFETY.EU Products, Images and Instructional Videos
HYDROGENSAFETY.EU strives to provide the very best professional products. HYDROGENSAFETY.EU makes certain professional products, courses available for sale via the Website. Any and all images presented in the purchased HYDROGENSAFETY.EU Products may only be used solely for personal, non-commercial informational purposes. No image presented in the purchased HYDROGENSAFETY.EU Product may be reproduced, resold or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
Should you purchase any HYDROGENSAFETY.EU products, you agree to pay in full the prices for any purchases you make either by credit card or debit card concurrent with your online order. You agree to pay all applicable taxes. If payment is not received by HYDROGENSAFETY.EU from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by HYDROGENSAFETY.EU. Certain HYDROGENSAFETY.EU products that you purchase and/or download through the Website may be subject to additional terms and conditions presented to you at the time of such purchase or download. Once the HYDROGENSAFETY.EU product is purchased, absent extraordinary circumstances, HYDROGENSAFETY.EU will not issue a refund as the HYDROGENSAFETY.EU product is out of HYDROGENSAFETY.EU’s control.
Refunds
Except when required by law, courses fees are non-refundable
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Assumption of Risk
You assume all risk related to the use of our Services, including, but not limited to, all of the risks associated with any online or offline interactions with other users of our Services. You hereby represent, understand and expressly agree to take all necessary precautions when interacting with any user of our Services.
Disclaimer of Warranty
Our Services and Content are provided on an “as is” basis without warranty of any kind, whether express or implied. You acknowledge that we have no control over what third party content you access using our Services. Furthermore, we make no representation concerning any third party content accessed through our Services, and we are not responsible or liable for the accuracy, copyright compliance, legality or decency of any third party content you access through our Services.
HYDROGENSAFETY.EU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PHLEARN DOES NOT REPRESENT OR WARRANT THAT ITS OFFERED SERVICES AND CONTENT IN THIS WEBSITE OR ANY THIRD PARTY WEBSITE ACCESSED BY OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. HYDROGENSAFETY.EU DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL HYDROGENSAFETY.EU OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO ANY USER OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE, SERVICES OR CONTENT CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM Reliance by user on any information obtained from HYDROGENSAFETY.EU, THIRD PARTY CONTENT ACCESSED THROUGH OUR SERVICEs, or that results from mistakes, omissions, interruptions, deletion of files or e-mail, error, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to HYDROGENSAFETY.EU records, SOFTWARE, CONTENT or services.
IN NO EVENT SHALL HYDROGENSAFETY.EU or its members, officers, directors, employees or agent be liable for any DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND RESULTING FROM A USER’S CLIPPING OR DOWNLOADING INFORMATION VIA PHLEARN SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HYDROGENSAFETY.EU (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), DEFAMATION, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, UNAUTHORIZED ACCESS, USE OR TRANSMISSION OF CONTENT ARISING OUT OF OR RELATING TO THE USE OF PHLEARN WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PHLEARN FOR ACCESS TO OR USE OF THIS WEBSITE OR ITS SERVICES.
Please note that some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Indemnification
By using our website and Services, you agree to indemnify, hold harmless and defend HYDROGENSAFETY.EU, its officers, directors, members, employees and agents, from any and all claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ and accounting fees, costs of defense of claims, suits or proceeding brought by third parties, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your use of our website and Services, (ii) your breach of any of our Legal Notices, (iii) your breach or infringement of any third party right, including without limitation any copyright, trademark, or privacy right, or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive our Legal Notices and your use of our website and Services.
No Implied Endorsements
In no event shall any reference to any third party or third party service or product be construed as an approval or endorsement by HYDROGENSAFETY.EU.
Jurisdiction Outside the Netherlands
We make no representations that information on this website or through our Services is appropriate or available for use outside the Netherlands. Users who choose to access this website and our Services from outside the Netherlands do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
Termination
We may terminate any user’s access to our services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our website or our Services.
Severability
If any provision of these Legal Notices is deemed invalid, void or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Legal Notices will remain in full force and effect. Any failure by HYDROGENSAFETY.EU to enforce these Legal Notices will not be construed as a waiver of any right or remedy of HYDROGENSAFETY.EU.
Notification Procedures
We may from time to time notify users via email and postal mail; provided, however, we are not responsible for notifications not received due to an invalid email address, automatic email filtering, or invalid postal mail address for which you provide to HYDROGENSAFETY.EU.
Entire Agreement
These Legal Notices and any amendments shall constitute the entire agreement between you and HYDROGENSAFETY.EU concerning its Services.
3rd Party API Usage
By using this site and its services you also agree and are bound by the YouTube Terms of Service (https://www.youtube.com/t/terms)
For Additional Information
If you have any questions regarding our Legal Notices, please email: info@inerc.nl
IF YOU DO NOT AGREE TO ALL OF OUR LEGAL NOTICES, YOU MUST NOT USE OUR WEBSITE OR OUR SERVICES. BY USING OUR WEBSITE AND OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR LEGAL NOTICES AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.