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General Terms and Conditions

1. Introduction

These Terms and Conditions apply to the YOOcourse website, operated by Nielten, and to all products and services offered through the website.

YOOcourse provides online courses, educational materials, digital products, WordPress and YOOtheme Pro development services, consultancy, technical support and other related products and services.

By purchasing, accessing or using any product or service offered through YOOcourse, you agree to these Terms and Conditions.

Additional terms may apply to specific products or services. This may include a separate quotation, proposal, development agreement, subscription agreement or other written agreement.

If a separate written agreement conflicts with these Terms and Conditions, the specific written agreement shall prevail for the relevant product or service.

If the Customer is a consumer, mandatory consumer protection laws applicable to the Customer shall prevail over any conflicting provision in these Terms and Conditions.

2. Company Information

The YOOcourse website is owned and operated by:

Nielten
Trading as YOOcourse
The Netherlands

YOOcourse is a trading name of Nielten and is not a separate legal entity.

  • Email: info@nielten.com.
  • Chamber of Commerce registration number: 64002578.
  • VAT number: NL001390914B85.

3. Definitions

For the purpose of these Terms and Conditions:

Nielten
The legal entity responsible for the YOOcourse website, products and services.

YOOcourse
The trading name under which Nielten operates this website and provides its products and services.

Customer
Any individual or organization purchasing, accessing or using a product or service offered by YOOcourse.

Consumer
A Customer acting for purposes outside their trade, business, profession or occupation.

Business Customer
A Customer acting in the course of a trade, business, profession or occupation.

Course
An online course, training program or educational product offered through YOOcourse.

Digital Content
Videos, text, documentation, downloads, templates, code, files and other digital materials made available through YOOcourse.

Development Services
WordPress, YOOtheme Pro, WooCommerce, plugin, integration, configuration, custom development, troubleshooting or related technical services provided by Nielten.

Services
All products and services offered by Nielten through YOOcourse, including courses, digital products, development, consultancy and support.

Third-Party Services
Software, platforms, plugins, themes, hosting services, APIs, payment providers and other services provided by third parties.

4. Products and Services

YOOcourse provides products and services primarily related to WordPress, YOOtheme Pro and related technologies.

Products and services may include:

  • online courses and training;
  • video tutorials;
  • downloadable resources;
  • templates and other digital products;
  • WordPress development;
  • YOOtheme Pro development;
  • WooCommerce development;
  • custom code and integrations;
  • website configuration;
  • consultancy;
  • technical support;
  • troubleshooting;
  • implementation services;
  • other products and services described on the website.

The exact scope of a product or service is determined by the description displayed on the website or, for custom work, by the applicable quotation, proposal or separate agreement.

Nielten is not required to provide services or functionality that are not explicitly included in the applicable product description, quotation, proposal or agreement.

5. Ordering and Formation of an Agreement

An agreement may be formed when the Customer places an order through the YOOcourse website and the payment is successfully completed, or when a separate quotation or agreement for Services is accepted.

Nielten reserves the right to refuse or cancel an order where there is a reasonable basis to do so, including suspected fraud, misuse, technical errors or other circumstances that make fulfilment unreasonable.

The Customer is responsible for providing accurate and complete information during the ordering process.

6. Courses and Course Access

When purchasing a Course, the Customer receives a personal, limited, non-exclusive and non-transferable right to access the Course for the period specified with the relevant product.

Unless explicitly stated otherwise, Course access is intended for the individual Customer who purchased the Course.

Course accounts and login credentials may not be shared with other individuals, companies or organizations.

Customers must not:

  • share their account or login credentials;
  • copy or redistribute Course videos or materials;
  • reproduce substantial parts of the Course;
  • resell Course content;
  • sublicense or commercially redistribute Course materials;
  • make Course content publicly available;
  • provide Course access to third parties.

Nielten may suspend or terminate Course access where there is reasonable evidence of unauthorized account sharing, redistribution or other misuse.

The availability period of a Course may vary by product. If a specific access period is stated at the time of purchase, that period applies.

Nielten may update, improve, modify or reorganize Course content from time to time.

Nielten does not guarantee that a Course will remain unchanged or that every individual lesson, feature or resource will remain available indefinitely.

7. Digital Products and Downloads

Digital products, including templates, documentation, code, files and other downloadable materials, are supplied electronically.

Unless explicitly stated otherwise, Digital Content is licensed to the Customer for personal or internal business use.

The purchase of Digital Content does not transfer ownership or copyright in that content.

Customers may not resell, sublicense, redistribute, publish or commercially exploit Digital Content unless explicitly permitted in writing.

The Customer is responsible for maintaining appropriate backups of downloaded files.

8. Development and Consultancy Services

Development and Consultancy Services may include WordPress development, YOOtheme Pro implementation, WooCommerce development, custom code, integrations, configuration, troubleshooting and related technical services.

For custom projects, the scope, price, estimated delivery time, deliverables and other project-specific conditions may be described in a quotation, proposal or separate agreement.

Nielten is only required to perform the work specifically described in the applicable agreement or quotation.

Any functionality, integration, revision, modification or service not explicitly included in the agreed scope may be treated as additional work and charged separately.

Changes requested by the Customer after work has started may result in additional costs and changes to the estimated delivery time.

The Customer is responsible for providing all information, content, access credentials, licenses and other materials reasonably required to perform the Services.

Nielten is not responsible for delays caused by incomplete, incorrect or late information, materials, approvals or access provided by the Customer.

9. Changes and Additional Work

Requests that materially change the agreed scope may be considered additional work.

Additional work may include, but is not limited to:

  • additional functionality;
  • additional pages or templates;
  • additional integrations;
  • additional revisions;
  • changes to previously approved functionality;
  • work resulting from changes made by the Customer or third parties;
  • troubleshooting of third-party software;
  • work required because of changes to the Customer’s hosting environment;
  • work required because of updates to WordPress, YOOtheme Pro, WooCommerce, plugins or other third-party software.

Nielten may provide a separate quotation or estimate for additional work.

Nielten is not required to perform additional work until the Customer has approved the applicable quotation or agreed to the applicable additional charges.

10. Delivery and Acceptance of Development Work

Development Services are delivered according to the agreed scope.

The Customer is responsible for reviewing delivered work within a reasonable period after delivery.

Unless otherwise agreed, the Customer should report material defects within 14 days after delivery.

Where no material defects are reported within that period, the delivered work may be considered accepted, except for defects that could not reasonably have been discovered during the review period.

Acceptance does not prevent the Customer from reporting genuine defects that were not reasonably discoverable during the initial review.

A request for new functionality or a change to previously agreed functionality is not considered a defect and may be charged separately.

11. Warranty and Bug Fixing

Unless otherwise agreed in writing, Nielten does not provide an unlimited warranty or ongoing maintenance obligation for Development Services.

Where a defect is directly attributable to Nielten’s own development work, Nielten may, at its discretion, correct the defect within a reasonable period after delivery.

The following are generally not considered defects in Nielten’s work:

  • changes requested by the Customer;
  • changes made by the Customer or third parties;
  • problems caused by hosting;
  • problems caused by third-party software;
  • changes caused by WordPress updates;
  • changes caused by YOOtheme Pro updates;
  • changes caused by WooCommerce or plugin updates;
  • incompatibility with newly introduced third-party software;
  • changes to APIs or external services;
  • security issues originating from third-party software;
  • problems caused by incorrect use or configuration.

Maintenance, updates, compatibility work and new functionality may be provided separately for an additional fee.

12. Third-Party Software and Services

YOOcourse Services may depend on Third-Party Services, including WordPress, YOOtheme Pro, WooCommerce, plugins, extensions, hosting providers, APIs, payment providers and other external services.

Third-Party Services remain subject to the terms, licenses and policies of their respective providers.

Nielten does not guarantee the continued availability, functionality, security, pricing, compatibility or licensing conditions of Third-Party Services.

Nielten is not responsible for changes, interruptions, vulnerabilities, incompatibilities, discontinuation or other problems relating to Third-Party Services.

The Customer is responsible for maintaining any required licenses or subscriptions for third-party software used in their project, unless explicitly agreed otherwise.

13. Customer Responsibilities

Customers are responsible for:

  • providing accurate information;
  • keeping account credentials confidential;
  • providing required access and materials in a timely manner;
  • maintaining appropriate backups;
  • ensuring that their website and content comply with applicable laws;
  • ensuring that supplied content does not infringe third-party rights;
  • maintaining appropriate licenses for third-party software;
  • reviewing and approving delivered work;
  • ensuring that their use of the Services is lawful.

Customers must not use YOOcourse Services for illegal activities or in a manner that violates applicable laws or the rights of others.

14. Backups and Data

The Customer remains responsible for maintaining current and reliable backups of websites, databases, files and other data.

Before Nielten performs development, migration, updates or other technical work, the Customer should ensure that a current backup exists.

Unless explicitly agreed otherwise, Nielten does not provide a guaranteed backup or disaster recovery service.

Nielten is not liable for loss of Customer data where the Customer has failed to maintain appropriate backups.

15. Support

Support is only included where explicitly stated for the relevant product or service.

Purchasing a Course or Digital Product does not automatically entitle the Customer to unlimited personal support, consultancy or Development Services.

Unless otherwise agreed, support does not include:

  • custom development;
  • general WordPress maintenance;
  • unlimited troubleshooting;
  • third-party plugin configuration;
  • custom code debugging;
  • fixing problems caused by Customer modifications;
  • fixing problems caused by third-party software;
  • general website management.

Additional support or Development Services may be purchased separately.

16. Prices and Payments

All prices are displayed on the YOOcourse website unless otherwise stated.

Prices may be displayed including or excluding VAT, depending on the applicable product, Customer and legal requirements.

Payments are processed through the payment methods made available during the ordering process.

The Customer is responsible for providing accurate billing information.

If a payment fails or remains unpaid, Nielten may suspend access to the relevant product or service until payment has been received.

For recurring Services, subscriptions automatically renew according to the applicable billing interval unless cancelled before the next renewal date.

Cancellation of a recurring subscription prevents future charges but does not automatically entitle the Customer to a refund for the current billing period, unless required by applicable law or otherwise agreed.

17. Withdrawal and Cancellation Rights

For Consumers within the European Union, statutory withdrawal rights may apply.

For Digital Content that is not supplied on a tangible medium, the Customer may request that delivery begins immediately after purchase.

Where permitted by applicable law, the Customer acknowledges that delivery of Digital Content may begin before the end of the withdrawal period and that this may affect or result in the loss of the statutory right of withdrawal once the applicable legal requirements have been satisfied.

For Services, the Customer may request that performance begins before the end of the statutory withdrawal period.

Where permitted by applicable law, the Customer’s right of withdrawal may be affected once the Service has been fully performed.

Nothing in these Terms limits mandatory consumer rights.

18. Refunds

Refunds are handled in accordance with applicable law and any specific refund policy applicable to the relevant product or service.

Where Services have already been performed, payments for those Services are generally non-refundable to the extent permitted by applicable law.

For Digital Content and Courses, statutory consumer rights remain unaffected.

Any voluntary refund policy offered for a specific product applies only to that product unless explicitly stated otherwise.

19. Intellectual Property

Nielten and its licensors retain all intellectual property rights relating to the YOOcourse website, branding, Course materials, Digital Content, documentation, proprietary systems and original content created for YOOcourse.

Customers retain ownership of content and materials they provide to Nielten.

Purchasing a Course or Digital Product does not transfer ownership or copyright in the underlying materials.

For Development Services, ownership and licensing of specific deliverables may be agreed separately.

Unless explicitly agreed otherwise, Nielten retains all rights to pre-existing and reusable materials, including:

  • code libraries;
  • frameworks;
  • reusable components;
  • scripts;
  • tools;
  • templates;
  • development methods;
  • processes;
  • know-how;
  • generic functionality;
  • technical concepts.

Nielten may reuse such materials, methods and know-how in other projects, provided that confidential Customer information is not disclosed.

Third-party software remains subject to the intellectual property rights and licenses of its respective owners.

20. Customer Materials and Indemnification

The Customer is responsible for all content, materials, software, data, images, text, code and instructions supplied to Nielten.

The Customer represents that they have the necessary rights and permissions to use and provide such materials.

To the maximum extent permitted by applicable law, the Customer shall indemnify and hold Nielten harmless against third-party claims, costs, damages and reasonable expenses arising from:

  • content supplied by the Customer;
  • infringement of third-party intellectual property rights;
  • unlawful use of materials;
  • unlawful processing or use of data;
  • instructions provided by the Customer;
  • software or services supplied by the Customer.

This provision does not apply where the relevant claim is directly caused by Nielten’s own unlawful conduct or intentional misconduct.

21. Portfolio and Marketing

Unless otherwise agreed in writing, Nielten may refer to completed Development Services in its portfolio and marketing materials.

This may include the Customer’s business name, a general description of the project and publicly accessible screenshots or links.

Nielten will not intentionally disclose confidential information.

Customers may request in writing that their project not be used for portfolio or marketing purposes.

22. No Guarantee of Results

YOOcourse Courses, tutorials, documentation and consultancy are provided for educational and informational purposes.

Nielten does not guarantee specific business, financial, technical, marketing, search engine, conversion, sales or other results.

Results depend on factors including the Customer’s knowledge, implementation, business model, website, content, hosting, third-party software and other circumstances outside Nielten’s control.

Information provided through YOOcourse does not constitute legal, financial, tax, security or other professional advice unless explicitly agreed otherwise.

23. Availability and Maintenance

Nielten aims to provide reliable access to the YOOcourse website, Courses and Digital Services.

Temporary interruptions may occur due to:

  • maintenance;
  • updates;
  • security measures;
  • hosting or infrastructure failures;
  • internet outages;
  • Third-Party Service failures;
  • cyber incidents;
  • circumstances outside Nielten’s reasonable control.

Nielten does not guarantee uninterrupted availability.

Nielten may temporarily restrict access where necessary for maintenance, security or other technical reasons.

24. Suspension and Termination

Nielten may suspend or terminate access to products or Services if:

  • payments are overdue;
  • these Terms are violated;
  • the Services are used unlawfully;
  • Course content or account access is shared without permission;
  • intellectual property rights are infringed;
  • security risks arise;
  • fraud or abuse is suspected;
  • suspension or termination is required by law.

Where reasonably possible, Nielten will notify the Customer before suspension or termination.

Termination does not affect rights or obligations that arose before termination.

25. Limitation of Liability

To the maximum extent permitted by applicable law, Nielten shall not be liable for indirect or consequential damages, including:

  • loss of profits;
  • loss of revenue;
  • loss of customers;
  • loss of business opportunities;
  • loss of anticipated savings;
  • reputational damage;
  • loss of data;
  • website downtime;
  • claims from third parties;
  • business interruption.

Nielten is not liable for damage resulting from:

  • Third-Party Services;
  • hosting providers;
  • WordPress;
  • YOOtheme Pro;
  • WooCommerce;
  • plugins;
  • themes;
  • APIs;
  • payment providers;
  • Customer modifications;
  • third-party modifications;
  • Customer-provided content;
  • failure of the Customer to maintain backups;
  • circumstances outside Nielten’s reasonable control.

For Development Services, the total liability of Nielten shall, to the maximum extent permitted by applicable law, be limited to the fees actually paid by the Customer for the specific project or Service giving rise to the claim.

For individual Courses and Digital Products, the total liability shall, to the maximum extent permitted by applicable law, be limited to the purchase price paid for the relevant product.

Nielten shall never be liable for an amount greater than the maximum amount permitted under applicable mandatory law.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

26. Force Majeure

Nielten is not responsible for delays or failures caused by circumstances outside its reasonable control.

Such circumstances may include:

  • internet outages;
  • infrastructure failures;
  • hosting failures;
  • Third-Party Service failures;
  • cyber incidents;
  • natural disasters;
  • governmental actions;
  • strikes;
  • power failures;
  • war or civil unrest;
  • other events that cannot reasonably be prevented or controlled.

Where reasonably possible, Nielten will take reasonable steps to minimize the impact of such circumstances.

27. Confidentiality

Nielten will treat confidential information received from Customers as confidential and will not intentionally disclose such information to third parties except where necessary to provide the Services, required by law or otherwise authorized by the Customer.

The confidentiality obligation does not apply to information that:

  • is publicly available;
  • was already lawfully known to Nielten;
  • is independently developed;
  • is received lawfully from a third party.

The Customer is also expected to keep confidential information relating to Nielten’s proprietary systems, pricing, processes and other non-public information confidential.

28. Changes to These Terms

Nielten may update these Terms and Conditions from time to time.

The latest version will be published on the YOOcourse website.

Changes will not retroactively remove rights already acquired by Customers unless required by law.

For ongoing Services, Nielten may notify Customers of material changes where reasonably required.

Continued use of the Services after updated Terms become applicable constitutes acceptance of the updated Terms to the extent permitted by applicable law.

29. Order of Precedence

If multiple documents apply to a product or Service, the following order of precedence applies unless otherwise agreed in writing:

  1. A separately signed agreement or contract;
  2. A specific quotation or proposal accepted by the Customer;
  3. Product-specific terms;
  4. These Terms and Conditions;
  5. General information published on the YOOcourse website.

30. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

The invalid or unenforceable provision shall be replaced or interpreted, where legally possible, in a manner that most closely reflects the original intention of the provision.

31. No Waiver

Failure by Nielten to enforce any provision of these Terms does not constitute a waiver of the right to enforce that provision at a later time.

32. Applicable Law and Jurisdiction

These Terms and Conditions are governed by the laws of the Netherlands.

Any disputes shall be submitted to the competent courts in the Netherlands, unless mandatory consumer protection laws provide otherwise.

For Consumers within the European Union, this provision does not affect mandatory rights that may apply under the laws of their country of residence.

33. Privacy

Personal data is processed in accordance with the YOOcourse Privacy Policy and Cookie Policy.

Customers can review these documents for information about how personal data is collected, used and processed.

34. Contact

For questions regarding these Terms and Conditions or YOOcourse products and services, please contact:

Nielten
Trading as YOOcourse
The Netherlands