Terms of Service

These terms

1. These terms govern your use of pass the year (the Platform) and the products and services offered through it (the Services). They form the agreement between you and the company identified below.
2. By creating an account, or by buying anything through the Platform, you accept these terms. If you do not accept them, do not use the Platform.
3. Nothing in these terms affects the rights you have as a consumer under Dutch law.

Eligibility

1. You must be at least 16 to hold an account. That is the age from which a person may consent to the handling of their own personal data in the Netherlands.
2. If you are under 18, Dutch law permits you to enter into agreements that are customary for a person of your age, and the purchase of study material is ordinarily such an agreement. Where a parent or guardian objects to a purchase, notify us and we will review it.
3. You may hold one account. An account is personal to you and may not be transferred.

Your account

1. You must give accurate registration details and keep them current.
2. You are responsible for the security of your sign-in details and for all activity carried out through your account.
3. Notify us without undue delay if you believe another person has obtained access to your account.
4. One account covers both of our platforms. Registering here also makes you a member of flow, our events platform, and constitutes acceptance of its terms in addition to these. Clause 15 sets out what that means for you.

What we provide

1. A Membership is billed monthly or annually and provides access to study material for as long as it remains active. Access provided by a Membership ends when the Membership ends.
2. An Accelerator is bought once and provides a place in that Accelerator's live sessions, together with access to any recording we make of them for the period stated for that Accelerator. A place is personal to you.
3. What is available, what it costs and what it includes are stated at the point of purchase, and that description forms part of this agreement.

What you need to use the Platform

1. The Platform is a website. You need a current web browser and a working internet connection.
2. Study material and exercises are read within the Platform, and recordings are streamed within it. Some material is also supplied to you as a file you can download and keep.
3. A file we supply may be marked with details identifying your account, so that a copy shared outside it can be traced back. Sharing one is a breach of clause 11.3. Our Privacy Policy explains what the mark contains and why we apply it.
4. Live sessions are delivered through Zoom, a third-party service. Joining a session requires the Zoom client or its browser version.
5. Access to paid material is tied to your account and ends when the access that provided it ends.

Charges and payment

1. Prices are stated in euros and include VAT where VAT applies.
2. Payments are processed by Stripe. Card details are provided to Stripe and are not received by us. An invoice is issued by our accounting provider and is available from your account.
3. Certain payment methods, including iDEAL, confirm after the payment is initiated. Access begins when the payment confirms.
4. A Membership renews automatically until canceled. You may cancel at any time, and access continues to the end of the period already paid for. Where a renewal payment repeatedly fails, the Membership and the access it provided will end.
5. We may change the price of a Membership where our own costs change, where what the Membership includes changes, or where the applicable tax changes. We will tell you at least 30 days before a new price applies to you, and you may cancel free of charge before it takes effect. A new price never applies within the first three months of your Membership, and never to a period you have already paid for.

Cancellation and refunds

1. You have a statutory right to withdraw from a purchase within 14 days. We do not ask you to give that right up on study material, on a recording or on anything else we supply as digital Content. A place in an Accelerator is the one exception, and our Refund Policy sets out how it works. That policy also contains the model withdrawal form and explains how to use it.
2. Separately from that right, we give a money-back guarantee: ask within 14 days of paying and we refund what you paid, without asking you for a reason. Its limits, including what happens once an Accelerator has started, are set out in our Refund Policy.
3. Our Refund Policy also states what happens where we cancel a session.

Conformity and faults

1. We must supply the Services in conformity with this agreement and with what you are entitled to expect of services of this kind. This clause does not limit your statutory rights; it states how we handle them.
2. Where the Services are not in conformity, tell us. We will bring them into conformity within a reasonable time and at no cost to you.
3. Where we cannot do so, or do not do so within a reasonable time, you are entitled to a reduction in price proportionate to the fault, or to end the agreement where the fault is not minor.
4. Clause 17.5 states what we do and do not warrant about availability. It does not reduce your rights under this clause.

Changes to the Services

1. We add to, change and withdraw study material as courses and examinations change.
2. Where we withdraw material you have paid for before your access to it was due to end, we will provide equivalent material or refund the unused part.
3. Where a change would adversely affect your access to, or use of, what a Membership provides, we will tell you at least 30 days beforehand by email, and you may end the Membership free of charge before the change takes effect.

Independence from universities

1. erudeon v.o.f. is an independent company. We are not affiliated with, endorsed by, accredited by or otherwise connected to any university, faculty, examination board or other educational institution.
2. We name universities, faculties, courses and examinations only to identify what a given piece of material prepares you for. Those names belong to the institutions concerned, and no association with them is claimed or implied.
3. Everything we supply is our own work. Our study material, exercises and recordings are written by us, with reference to publicly available course descriptions and examination requirements.
4. We do not sell, copy, reproduce or distribute material belonging to a university or to any other third party. No lecture, reader, examination paper, answer model or other institutional document forms part of what we supply.
5. What we supply is not an official document of any institution and does not replace material your institution requires you to use.
6. If you consider that our material reproduces work in which you hold rights, contact us. We will review it and, where appropriate, remove it.
7. The names of institutions and programmes shown on the Platform are drawn in part from public registers of accredited education, including the Registratie Instellingen en Opleidingen (RIO) published by DUO (Dienst Uitvoering Onderwijs) under the Creative Commons Attribution 4.0 licence. Such data is reproduced as published, may be incomplete or out of date, and its presence does not mean that we offer material for a programme or that the institution concerned is aware of or involved with us.

Use of Content

1. The study material, exercises, recordings and the Platform itself (together, the Content) belong to us or to our licensors. Purchasing access transfers no ownership.
2. While your access is active you may use the Content for your own study.
3. You may not copy, share, sell, publish or upload the Content elsewhere, use it to build a competing product, or extract it by automated means.
4. Notes and other material you create on the Platform remain yours. We claim no ownership of them and use them only to provide the Services to you. Our Privacy Policy explains how to obtain a copy or have them deleted.
5. Where you send us feedback or suggestions, we may use them without obligation to you.

Academic integrity

1. The Platform is provided to support your study. It is not a substitute for your own work.
2. You may not present the Content as your own work, or use the Platform in a manner that breaches your institution's rules on assessment or academic honesty. Those rules are between you and your institution, and we cannot waive them.
3. Where the Platform is used in breach of this clause, we may act under clause 16.

Live sessions and recordings

1. Accelerator sessions take place at the times published for them. The coach leading a session, and the time of a session, may change. We will notify you of a change.
2. Where we cancel a session we will reschedule it. Where we cannot, our Refund Policy states what is returned to you.
3. Sessions are recorded. A participant who speaks or turns on their camera may appear in the recording.
4. Attending with your camera and microphone off ordinarily keeps you out of the recording, but your display name, anything you send to the chat and anything you share on screen may still be captured. Where you appear and would rather not, tell us and we will remove that part or the recording.
5. You may not record a session yourself, or share a recording or a joining link. A joining link is personal to you.

Personal data

1. Our Privacy Policy states what personal data we collect, why, how long it is kept and what you may ask us to do with it.
2. Our Cookie Policy states what is stored on your device and the choices available to you.

flow and Events

1. Your account also makes you a member of flow, our events platform, and its terms apply to you in addition to these. They are set out in the flow flow Terms of Service. This clause states the parts most likely to affect you; it is not a summary of the whole.
2. flow lists events (each an Event). Some are organized through flow and others are organized independently and listed so that members can find them. A listing is not evidence that we organized an Event. Each listing identifies who is running it: the host's avatar carries our own mark where a member of the flow team is hosting, an association's mark where the host acts for an association, and no mark where the host is an individual or a venue. Where our mark appears we are the organizer or a co-organizer, and where it does not, the host is responsible for the Event.
3. Where we organize an Event, we provide the program and its promotion. The venue is responsible for its own premises, including admission, capacity, security and anything it sells. Being named as an organizer does not make us responsible for the acts or omissions of another party.
4. erudeon v.o.f. does not sell, supply or serve alcohol at any Event, and receives no revenue from its sale. Where alcohol is served, the venue holds the license required under the Alcoholwet and is responsible for verifying age, for refusing service and for compliance with that Act. The legal age for the sale of alcohol in the Netherlands is 18.
5. Many Events are open to the public. We do not screen attendees and we do not control admission.
6. Attendance at an Event is at your own risk. You must follow the venue's rules and the instructions of its staff. Report anything unsafe to the venue or the host at the time, and to us afterwards, so that we can act on the listing or the host.
7. This clause does not reduce our liability under clause 17.

Suspension and termination

1. You may close your account at any time from your account settings.
2. We may suspend or close an account where there is good reason. Those reasons are:
   • breach of these terms;
   • fraud, or repeated disputes of payments properly made;
   • sharing of an account, sign-in details, joining links or paid Content;
   • unlawful use of the Platform, or use of it to harm another person.
3. We will state what has happened and why, and you may respond and ask us to reconsider. Where the matter is serious or continuing, we may suspend access before hearing from you.
4. Our Refund Policy states what happens to sums already paid.

Liability

1. Nothing in these terms limits our liability for death or personal injury caused by our negligence, for our own intent or gross negligence, or for any other liability that may not be limited by law. Your rights as a consumer under Dutch law are unaffected.
2. Subject to clause 17.1, our total liability for any claim connected with the Platform is limited to the amount you paid us in the 12 months before the claim arose. That limit reflects what this agreement is: access to study material at a price of that order, supplied to you as digital content, where a loss of a different order is neither something either of us priced for nor something we can reasonably insure against. It does not apply to anything in clause 17.1.
3. We are not liable for loss that does not follow directly from the fault, such as lost income or the cost of an opportunity, for the same reason.
4. We give no guarantee as to any examination result. The name of the Platform states an aim, not a promise, and results depend on your work and on matters outside the control of either party. Where a Membership includes a specific promise, that promise is stated in the description of that Membership and applies only to it.
5. We do not warrant that the Platform will be available without interruption or free of faults. We will take reasonable steps to keep it available and to correct faults within a reasonable time. Your rights under clause 8 are unaffected.

Changes to these terms

1. We may change these terms where we change the Services, where the law or a regulator requires it, where the providers or costs we depend on change, or to correct an error or make a term clearer. We will not use this clause to take away something you have already paid for.
2. A change takes effect when it is published on this page, and the date shown at the top is the date of the version in force. There is no other version: the page you are reading is the agreement.
3. Where a change adversely affects what a Membership provides, clause 9.3 applies instead. You get at least 30 days' notice, and you may end the Membership free of charge before the change takes effect. Clause 6.5 does the same for a change of price.
4. If you do not accept a change, stop using the Platform and cancel any Membership.

General

1. Events outside our control. We are not in breach of this agreement where we cannot perform because of something outside our reasonable control, including a failure of a third-party service, the closure or loss of a venue, or the illness of a coach. Where this prevents us from providing something you have paid for, our Refund Policy states what is returned to you.
2. Third-party services. Live sessions are delivered through Zoom and payments are processed by Stripe. Their own terms govern their part of the service, and we are not responsible for how they operate.
3. Transfer. We may transfer this agreement to another company, including where a business or product is sold or reorganized, provided your rights under it are not reduced. We will tell you before it happens, and if you would rather not continue with the new company you may end this agreement free of charge, with a refund of anything you have paid for a period you will not now receive. You may not transfer this agreement or your account.
4. Notices. We give notice to the email address held on your account, and a notice takes effect when it reaches you. Keeping that address current is your responsibility under clause 3.1.
5. No waiver. Where we do not enforce a provision of these terms, that is not a waiver of it and does not prevent us from enforcing it later.
6. Severability. Where a court or competent authority finds a provision unenforceable, the remaining provisions continue in force, and that provision is read down to what the law permits rather than removed.

Contact, complaints and governing law

1. Contact us first. Our address is in the company details above.
2. Where a matter cannot be resolved between us, free advice is available from ACM ConsuWijzer, the information service of the Dutch consumer authority.
3. These terms are governed by Dutch law and disputes are subject to the Dutch courts. Where you are resident elsewhere in the European Union, this does not deprive you of the protection of the mandatory law of your country of residence, and you may bring proceedings there.