GENERAL TERMS AND CONDITIONS
WELCOME TO VETTUBE!
‘VETTUBE’ IS A UNIQUE, VIDEO-BASED E-LEARNING PLATFORM POWERED BY ‘2LEARN’ (HEREINAFTER, THE ‘PLATFORM’). IT IS THE PERFECT PLACE TO LEARN MORE ABOUT ANIMAL HEALTHCARE AND VETERINARY TOOLS AND TECHNIQUES FROM RECOGNIZED PROFESSIONALS. WE PROVIDE TO THAT END AN EXTENSIVE ARRAY OF VIDEO RESOURCES AVAILABLE ON OUR WEBSITE FOR YOUR CONVENIENCE. FEEL FREE TO BROWSE THROUGH OUR GROWING COLLECTION OF VIDEOS, BUT FIRST, PLEASE READ FULLY AND CAREFULLY THE PRESENT TERMS AND CONDITIONS AS WELL AS OUR PRIVACY STATEMENT AND OUR COOKIE STATEMENT (WHICH FORM AN INTEGRAL PART THEREOF). THESE DOCUMENTS ARE CONSIDERED TO BE THE LEGAL BACKBONE OF OUR PLATFORM: THEY SET FORTH THE LEGALLY BINDING TERMS THAT GOVERN YOUR ACCESS TO AND USE OF ‘VETTUBE’. THIS AGREEMENT APPLIES TO ALL USERS AND ANY OTHERS WHO ACCESS THE PLATFORM. WE WELCOME COMMENTS, QUESTIONS, CONCERNS OR SUGGESTIONS. PLEASE CONTACT US AT VETTUBE@2LEARN.PRO. WE PROMISE A PROMPT RESPONSE TO EVERY MESSAGE WE RECEIVE.
1. WHO IS WHO?
2. ACCEPTANCE OF TERMS
3. REGISTRATION
4. USE OF THE PLATFORM
5. WHAT WE OFFER
6. WHAT WE EXPECT FROM YOU AS A USER
7. RATES AND PAYMENT CONDITIONS
8. TERMINATION AND SUSPENSION
9. INTELLECTUAL PROPERTY
10. WHAT ABOUT PRIVACY?
11. LIABILITY
12. LINKS AND DOWNLOADS
13. FINAL PROVISIONS
1. WHO IS WHO?
VetTube is created and provided by 2Learn sa/nv, a public limited liability company organized under the laws of Belgium, having its registered office at Grand Route 63 (box 5), B‐5380 Hingeon, Belgium, and listed in the Central Databank for Enterprises under number 0811.635.523 (hereinafter also referred to as ‘we’, ‘us’ or ‘our’). There is no one like us: we are indeed the sole Continuing Education Provider that has been approved by both the Flemish and Walloon Veterinary Boards.
All right, enough talking about us; what about you now? There are different ‘levels’ of users on the Platform, with different privileges:
- You can simply browse or otherwise use the Platform without being registered, in which case you act as a mere ‘Visitor’. If you don’t register, you get only a limited access to our videos and our website. Only trailers will be screened.
- You can access the Platform as a ‘Subscriber’, which means you have registered and created an account. Such (free) registration is needed if you want to gain access to our videos, which are restricted to logged-in Users only.
- Once a Subscriber, you may choose to upgrade your membership status and become a ‘Member’, which gives you many advantages such as extended accessibility of videos and access to exclusive content. This upgrade requires payment.
The term ‘User’ refers to a Visitor, Subscriber or Member, as the context requires (hereinafter also referred to as ‘you’ or ‘your’). The content of our Platform is highly specialised and will best meet the needs of Users who are acting for purposes relating to their trade, business, craft or profession. Access to our Platform is however also available to anybody, whether professional or consumer, provided that the eligibility requirements are met. These terms and conditions do therefore not impede the application of mandatory provisions applicable to consumers, being registered users who use our paid services for purposes outside their trade, business, craft or profession.
From time-to-time, we may collaborate or tie up with other companies or organisations, hereinafter individually referred to as a ‘Partner’, and collectively as ‘Partners’. Each of these Partners has been chosen very carefully. Vouchers may be purchased or otherwise transferred from these Partners. It is already worth saying that 2Learn is not liable for the validity of any voucher codes received, nor for any losses or damages resulting from the supply of such vouchers.
2. ACCEPTANCE OF TERMS
2Learn provides its Platform subject to your acceptance of these terms and conditions (hereinafter, the ‘Terms’). We advise and expect you to take careful notice of all the legal documents it includes, and all additional information that may accompany.
By accessing and using the Platform in any manner, you acknowledge that you have read, understood and agree to be bound by and unconditionally respect these Terms. If you make use of our Platform on behalf of a company or other legal entity, you are also individually bound by these Terms as a User, regardless of the existence of a separate agreement between 2Learn and the company or legal entity in question.
These Terms shall apply exclusively. Any contradictory, supplementary or deviating terms and conditions of the User shall not be applicable unless we have expressly consented to such in writing. In that case, only the conflicting provisions thereof shall supersede, while the remaining stipulations included in these Terms shall remain fully in force.
We reserve the right to unilaterally change aforementioned documents at all time, without this giving rise to any form of compensation. If we revise the Terms, such revision will take effect immediately upon being posted on the Site. Naturally, any modification will only have prospective effect so that you are never bound to something you do not want. Your continued access to or use of the Platform following the posting of the updated terms indicates your acceptance of those changes. It is your responsibility to review these Terms regularly.
If you do not agree to any of the terms and conditions stated herein, you should discontinue using the Platform.
3. REGISTRATION
/ ELIGIBILITY REQUIREMENTS
You can gain access to our videos by registering and creating a profile on the Platform. The registration is free of charge. We provide an online form for the purpose of registration. This registration form will ask you for (quite a few) personal details, such as your name, address, telephone number as well as your professional status. Certain information may be absolutely necessary to mention in order to complete the registration.
All requested data shall be complete, specified correctly and accurately, and updated upon changes immediately. 2Learn reserves the right to demand proof of the subscriber’s identity and of the authenticity of the details provided in the course of registration. We may request the sending of written documents for the purpose of registration and verification.
Why do we need to know all that, you might ask? The reason is simple: our Platform has been designed by animal health professionals, for animal health professionals (or those who aspire to be) and specifically veterinarians. The details collected on the registration form will enable us to check your eligibility; nothing more, nothing less. We are aware that a highly sensitive treatment of all personal data you submitted to us is of great importance to you. Please rest assured: all information provided by you will be handled in the strictest confidence in according with our Privacy Policy.
We reserve the right to select the people who can register on the Platform and are in other words authorized to decline a registration without giving any reason.
/ USER-ACCOUNT AND LOGIN DATA
As soon as your registration is received, you will receive a confirmation e-mail at the e-mail address you have given.
Subscriber specifies a user-name and a password in the course of registration. You must keep these login data confidential and store them safely from access by unauthorized third parties. It is not permitted to disclose these details to third parties (including other subscribers or members), unless the explicit written consent of 2Learn was obtained. The User remains in any case exclusively responsible for all actions performed by way of his user-account. If you lose your login data, or if you discover or suspect that your login data are being used by an unauthorized third party, you must report this to us immediately so that appropriate measures can be taken.
You can only open one user-account. In other words, multiple registrations under different user names are not permitted.
/ MEMBERSHIP
To receive extended access to our services, you can upgrade your subscription and apply for membership, for which you pay a membership fee. You can subscribe to our additional paid services by completing the online purchase-procedure and confirming the purchase through payment. As soon as we receive the purchase, we provide an order confirmation to the email address you have provided. This order confirmation means the activation of the additional features and functionalities associated with the additional subscription, for the duration specified by the User.
4. USE OF THE PLATFORM
/ RIGHT OF USE
Each User receives a limited right to access, use and display the Platform, including the database and its content. The scope of this right of use, such as the accessible features and functionalities, may vary depending on the registration of the User and additional subscriptions to which the User is enrolled. This right of use is granted by way of a limited, non-exclusive and non-transferable license. This license is revocable at any time. This license is subject to these Terms and does not entitle the User to download, copy, sell, redistribute, transmit or (sub)license or exploit in any way, in whole or in part, the Platform and/or the underlying database and content.
/ PROHIBITED ACTIVITIES
Any use of the Platform should be in accordance with these Terms as well as the applicable law, the rights of third parties and the generally accepted principles on the Internet. Any other usage is strictly prohibited and will terminate the license to use the Platform granted in these Terms.
Keeping VetTube a safe and friendly environment is important both for you and for us. In addition to the other restrictions outlined in these Terms, you agree that you will not:
- use the Platform for any purpose that is illegal, that is beyond the scope of its intended use or that is otherwise prohibited in these Terms;
- use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Platform, or that could damage, disable, overburden, impair or compromise the functioning and the security of the Platform in any manner.
- use robots, spiders, crawlers, scrapers or similar data gathering and extraction tools to access the Platform or to extract data;
- send any unsolicited or unauthorized advertising, spam, chain letters, junk mails, solicitations, promotional materials or similar variations;
- stalk other members or try to convince them of your political or religious views;
- use or attempt to use another User’s account without authorization;
- attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform that you are not authorized to access;
- provide false information upon registration.
/ EXCESSIVE USE
You must make sure that the infrastructure of the Platform is not overloaded due to excessive use. In the event we deemed your use excessive beyond reasonable limits, in our sole discretion, we will inform you thereof and you commit to take all necessary and reasonable steps to reduce your use. If the overload is of a structural nature, you agree to enter into mediation in order to find a solution upon our written request. We reserve the right to suspend our obligations under these Terms if this is necessary to preserve the quality of the use of other Users.
5. WHAT WE OFFER
/ PROPER OPERATION, SAFETY AND ACCESSIBILITY
We provide a user-friendly website, that is safe and sound for every User. We take all reasonable measures that are necessary to ensure the proper operation, safety and accessibility of our Platform. This refers to the measures on both preventive and curative level. In case of a known safety breach, 2Learn will immediately inform the User about the actions to be taken. Yet, we cannot give any absolute guarantee on this regard, and one must consider our actions as an obligation of means.
Every use of the website is at own risk. This means that we bear no liability for damages resulting from malfunctions, interruptions, defects or harmful elements of our website, regardless of the existence of force majeure or external cause. We reserve the right to restrict and/or interrupt at any time the access to our website, even without prior warning. We basically only use these measures if it is justifiable due to the circumstances, but this is however not an absolute requirement.
2Learn aims to provide a high-quality platform by providing regular maintenance activities and updates. Such operations will only be done within the hours of reduced activity on the Platform, unless the situation justifies otherwise. The timeframe during which maintenance activities are carried out does not count for any calculation of accessibility and smooth operation. Maintenance activities should not be announced in advance, nor give rise to any form of compensation.
The User declares to take notice of the required specified hardware (browser), software and telecommunication facilities as clearly communicated by 2Learn. The User must also have a (broadband) Internet connection. It is the sole responsibility of the User to take all possible measures to receive our application.
/ HIGH QUALITY CONTENT
We largely determine the content on our Platform. We apply great care with regard to the information on our website and take all necessary steps to keep our website as complete, accurate and current as possible. That being said, despite our considerable attention, we cannot guarantee the quality of information on the Platform. Content found on our website comes from sources believed to be accurate, but it is possible that the information is not exhaustive, not sufficiently accurate, mislabelled or deceptively labelled. We recommend that you verify that all information you obtain from the Platform is accurate, complete and up to date.
Despite taking all possible steps to ensure the correctness of videos contained on its Platform, 2Learn cannot be held liable for the accuracy, exactitude, currentness, reliability or integrity of such videos, nor for any (direct and indirect) damage caused by access to information made available on our Platform, or by its use, non-use or incorrect use.
We expressly reserve the right, at any time and without prior notice, to modify in part or in full the content of such videos, withdraw them, or temporarily suspend their availability, if it contains any error or inaccuracy, if it breaches applicable laws or is likely to infringe the rights of third parties, or if we lose the relevant rights, without such list being exhaustive. Inasmuch as the content is still an active purchase (i.e. content removal occurs during the 15 or 30 days availability period), we will offer you a refund of the purchased price of the content. Such refund shall be your sole remedy.
/ CHANGES TO THE PLATFORM
We reserve the right to modify or discontinue, temporarily or permanently, the Platform or any features or portions thereof, at any time and without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Platform or any part thereof.
6. WHAT WE EXPECT FROM YOU AS A USER
On some parts of our Platform or otherwise in connection with your use thereof, Users may be allowed to submit, post or link to content or to provide comments for others to see (collectively referred to herein as ‘User-Generated Content’). Therefore, you also have a role to play in maintaining the quality of the content on the Platform.
We attach great importance to correct and complete content and expect the same from our Users and from third parties who deliver content. Users and third parties that upload content on the Platform acknowledge and confirm that they upload the content at their sole and exclusive responsibility. They therefore must ensure that they do not upload or otherwise make available content that
- is considered inappropriate, illegal, offensive, misleading, obscene, or otherwise objectionable (the content does not necessarily have to conflict with the applicable law or the rights of third parties to be regarded as inappropriate);
- may refer to and/or encourage conduct that would be considered a criminal offence;
- infringes other people’s intellectual property or portrait rights;
- harm or may harm other Users, for example through the spread of harmful software such as computer viruses, Trojans horses, malware, worms, time bombs and cancelbots.
It is difficult for us to influence the content posted by our Users. We can check the content after uploading but this certainly does not automatically happen for all contents. We have in any case no obligation to monitor the content prior to its publication on the website.
If content on our website appears to be in breach of the applicable laws, violates any rights of third parties and/or is simply not acceptable, we kindly ask you to notify it to us as soon as possible. We will of course take the appropriate measures if there are sufficient grounds to do so. Such measures may include the partial or total removal of the information.
7. RATES AND PAYMENT CONDITIONS
/ RATES
We offer our services at the rates that are notified for each video. Our rates are expressed in euro and exclude VAT and other taxes. Obvious errors in our prices can be corrected after the conclusion of the agreement. Any additional costs that are made clear in advance are to be borne by the User, such as costs due to the use of certain payment methods.
We have the right to change its rates at any time, but we commit ourselves to apply the rates as indicated on the Platform at the time of the subscription or its renewal. The new rates will be applied for every future paid subscription and/or renewal of an existing subscription. Price changes resulting from changes in tax rates are always borne by the User.
/ PAYMENT CONDITIONS
Each payment shall be immediately and fully handled at the time of purchase. We accept all major valid and internationally accepted credit cards and electronic payment as indicated on our Platform. 2Learn takes all reasonable measures to ensure the security of your online transactions. Our main concerns are loss or theft of your identity or financial information. The use of top accredited payment partners and credit card issuers listed on the platform provides such necessary security and confidence. The secure system PayBox, Sisow and Atos Worldline is responsible for the further processing of the payment. This closed security procedure processes your bank details always in an encrypted manner. The necessary security measures through SSL are provided. Be also aware that we use fraud detection services from our partner PayBox and reserve the right to cancel or suspend any account in case of fraud warning.
2Learn will automatically terminate the access to features and functionalities that are the subject of certain additional paid subscriptions as soon as the agreed period of access has expired. We do not allow any refunds if the User does not use his subscriptions nor if the access to the Platform is wholly or partially and temporarily or permanently restricted or prevented.
ANY COMPLAINTS ABOUT THE (PROCESSING OF THE) PAYMENT MUST ALWAYS AND ONLY BE DIRECTED TOWARDS 2LEARN.
/ RIGHT OF WITHDRAWAL
Every Consumer can exercise his right of withdrawal if the following conditions are met. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, after the delivery, he is not satisfied with the product, this without motive or penalty. The Consumer must use his right of withdrawal within fourteen (14) calendar days from the day following the delivery of the product or service.
According to Article VI.53 of the Belgian Code of Economic Law, the consumer is not entitled to exercise his right of withdrawal in the following cases:
- service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader (Article VI.53.1°);
- the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery (Article VI.53.9°);
- the supply of digital content (i.e. video) which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal (Article VI.53.13°).
The consumer who wishes to invoke the right of withdrawal must always communicate his decision explicitly and unambiguously, in a written statement. It is up to the consumer to prove that he can rely on his right. The following information must always be clearly communicated:
- The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;
- Name and address of the Consumer;
- Signature of the Consumer.
If the Consumer uses his right of withdrawal in conformity to the abovementioned conditions, 2Learn will take care of the reimbursement of any amounts already paid by him. This reimbursement will take place without undue delay and certainly no later than fourteen (14) calendar days. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless you expressly otherwise agreed. No fee will be charged for the reimbursement.
The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. 2Learn undertakes to clearly communicate its motives to the Consumer.
8. TERMINATION AND SUSPENSION
2Learn retains the right to temporarily suspend and/or permanently terminate the right of use if the User is in breach with these Terms or any other obligation, with the applicable legislation, with the rights of third parties or with generally accepted principles on Internet. If 2Learn decides to terminate or suspend the right of use on the basis of aforementioned grounds, such measures may be taken without prior notice if this is required by the situation. If the User finds that the action taken is inappropriate or unfounded, he must bring this to the notice of 2Learn within fifteen (15) calendar days after the action has been taken. 2Learn will take the User’s arguments into account without being obliged to nullify the initial action(s). The User has no right to request any refund or compensation for the measures that have been taken.
2Learn will also terminate the right of use upon explicit request of the User, which can occur anytime you want. If the User wishes to remove his user-account, he must exercise his right by means of a signed, written request to 2Learn, by post or by e-mail at vettube
2learn.pro. 2Learn undertakes to respond to your request within fifteen (15) working days.
A termination of the right of use includes the deactivation and denial of access to the user-account and subsequently all services and functionalities. A termination of the right of use does not automatically imply the removal of the registered user-account and the deletion of all data related therewith. We may have to keep some of your data when it is necessary to preserve the proper operation of our Platform or when it is required by law.
9. INTELLECTUAL PROPERTY
Creativity merits protection, which is provided by intellectual property rights. Such rights also apply to our website and its content. Unless otherwise stated, all materials contained on or within the Platform, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, ‘VetTube Content’), as well as their selection and arrangement, are protected by copyright, trademark and/or other intellectual property laws.
The intellectual property rights we have enumerated also protect the content uploaded by Users and by third parties. Users have all rights on their copyrighted works. This holds true even after the upload on the Platform.
By uploading content on our website, the User grants 2Learn with a non-exclusive, transferable, royalty-free and worldwide license to use, reproduce, process, and communicate this content to third parties via the Platform. This license is not restricted in time. This license applies to all types of intellectual property rights involved, as discussed above. The license is required to guarantee the proper technical and functional operation of our Platform, and the use of that license is limited to that aim.
10. WHAT ABOUT PRIVACY?
2Learn processes data from the Users. This is necessary to ensure the proper functioning of the Platform. The quantity of such information differs as more actions are performed (e.g. registration). Depending on the quality of the information, a natural person may be identified or identifiable. As of that moment, we are collecting and processing personal data.
We consider the protection of your privacy and the safety of your personal data as utmost important. That is why we have made every effort to inform you as completely as possible concerning the processing of your personal data by our company. We kindly refer you to our Privacy Policy.
11. LIABILITY
2Learn is only liable for any imputed serious or repeated minor contractual and/or non-contractual breach caused in the performance of its obligations under this agreement. This liability concerns the actions of 2Learn’s directors, employees, legal representatives and engaged third parties. This liability is limited to direct damages resulting from the shortcomings, and can never exceed the value of the last purchase.
2Learn is in no way liable for any indirect damages. Indirect damages are any kind of consequential damages, lost profits, financial or commercial losses, increasing the overall costs, increased personnel costs, damages for loss of clients and/or potential. This list is only indicative and certainly not exhaustive. 2Learn does not exclude its liability in case of fraud or willful misconduct on the condition that the fraud or willful misconduct is attributable to 2Learn. The liability for bodily injury and death is excluded to the extent legally possible.
2Learn, its directors and employees are in no way liable for the actions and the resulting damages caused by its Users and/or third parties. The User is solely liable in case of contractual or non-contractual breach attributable to him that compromises the liability of 2Learn and/or causes damages, losses and expenses (including legal fees) to 2Learn. The User must take all necessary measures to indemnify 2Learn from those adverse effects.
If 2Learn is prevented to fulfil all or part of its obligations to the other party due to circumstances beyond its control, there will be force majeure. 2Learn is in that case entitled to suspend its obligations for the duration of the force majeure.
12. LINKS AND DOWNLOADS
/ LINKS
The content of our Platform may contain a link, hyperlink or framed link to external websites or other types of electronic portals. Such link does not automatically imply the existence of a relationship of any nature whatsoever between 2Learn and the external website, nor that2Learn (implicitly) agrees with the contents of these websites. 2Learn does not keep any active control on third-party websites and is not responsible for the safe and correct functioning of the websites.
The User will leave our Platform as soon as he clicks on the link, and therefore cannot hold 2Learn responsible for any subsequent damage. These third-party websites do not offer the same guarantees as 2Learn does, so we recommend that you carefully review the Terms & Conditions of these third-party websites.
The User has the freedom to indicate a link, framed link or hyperlink on our Platform, but 2Learn reserves the right to remove such link at any time. 2Learn is not required to provide a sufficient explanation for this behaviour. A linking to the activities of direct competitors is never allowed.
/ DOWNLOADS
Our website contains content that can be downloaded. Each download from our website is always at own risk. Our liability cannot be engaged on this point. Damages that result from a loss of data or a harm to the computer system fall completely and exclusively under the User’s responsibility.
13. FINAL PROVISIONS
/ APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms shall be exclusively governed by and interpreted in accordance with the laws of Belgium, without reference to its conflict of law rules.
Any dispute arising out of or in connection with these Terms or with the use of the Platform shall be submitted to the exclusive jurisdiction of the judicial district of Liège. For any claim against or dispute or discrepancy you may have with 2Learn, we however strongly encourage you to first contact our customer support team to allow us an opportunity to resolve the dispute informally.
/ SEVERABILITY
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The parties undertake to replace any invalid provision with a valid provision that is in its economically desired sense and purpose as close to the invalid provision as possible. This also applies to contractual loopholes.
/ CHANGE OF CONTRACTING PARTY
2Learn may, at any time and without further ado, transfer or assign its rights or obligations under these Terms towards a subsidiary or a third party. The other party will, in this event, take over the rights and obligations that arise under this agreement and be fully responsible for the further implementation thereof towards the User. 2Learn will inform the User about such a transfer of contract in due time. Such transfer does however not require a prior consent of the User and does not give rise to any compensation.