Terms of Use
1. Scope and purpose of the Terms of Use
a. Scope
These Terms of Use apply to and regulate the use of the Better Minds website, software, content, products and services (“Better Minds” or “Better Minds website”).
b. Ownership and management
The Better Minds website is owned and managed by Better Minds at Work BV, an entity of the Golazo Group with its registered office at Schoebroekstraat 8, 3583 Beringen (Belgium) and its business unit at Stokerijstraat 17 PO Box 5, 2110 Wijnegem, registered in Belgium under VAT number BE 0548.982.089, as well as by Better Minds B.V., an entity within the Golazo Group with its registered office at Amsterdam (the Netherlands) and its business unit at Helicopterstraat 25D, 1059 CE Amsterdam, registered in the Netherlands with the Chamber of Commerce under number 34302497 (‘Better Minds’ or “we”).
c. Purpose
The Better Minds website is intended for persons who wish to purchase Better Minds products and/or services (“the user” or “you”). In the case of minors, these Terms of Use are intended for their parents and legal representative(s). Visiting the Better Minds website will imply the automatic acceptance and approval of these Terms of Use.
d. Wijzigingen
Better Minds reserves the right to modify these Terms of Use at any time. The amended conditions will be posted on the Better Minds website, and will automatically become valid after the notification.
2. Use of the Better Minds website
a. Authorised use
The Better Minds website may only be used for personal, non-commercial use in accordance with these Terms of Use and any additional terms communicated by Better Minds.
b. Unauthorised use
The following types of use of the Better Minds website are not permitted:
- use in an illegal manner or in deviation from these Terms of Use, or in a manner that falsely implies a connection between you and our products, services or brands;
- use that, according to the full discretion of Better Minds, may cause damage to Better Minds or to third parties;
- the reproduction or disclosure of parts or the whole of the Better Minds website;
- hacking, or an attempt to hack the Better Minds website.
c. Services and content from third parties
The Better Minds website can integrate or refer to the products, services and content of third parties. Better Minds does not manage these products, services and content from third parties, and is therefore not responsible for them. Please read the Terms of Use and the Privacy Policy that apply to such products, services and content.
3. Registration data and privacy
a. The data to be provided
You must provide accurate and current information when registering on the Better Minds website, including personal identification data, contact information or payment information. You agree not to impersonate another person, including the use of the username, password or other account information of another person, the name of another person, or providing false information regarding a parent, legal representative or user. Please notify Better Minds if you suspect any unlawful use of the Better Minds website by other users. The provision of incorrect data, or data that belongs to third parties, may lead to the user being denied access to the entire Better Minds website or part of it, temporarily or permanently.
b. Confidentiality
You are solely responsible for the confidentiality of the username and password of the Better Minds website. You are also responsible for all the activities on the account created in the name of, and on behalf of the user. You will immediately notify us of any unauthorised use of the username, password or other account information, or of any other violation of security with regard to the Better Minds website that you become aware of.
c. Privacy and Cookie Policy
Your registration data and other information about you are subject to our Privacy Policy. By making use of the Better Minds website, software, content, products and services, you agree with the collection and use of your data and other information about you, in accordance with the provisions specified in our Privacy Policy. In addition, the Better Minds website makes use of Cookies, as specified in our Cookie Policy. Our Privacy Policy and Cookie Policy form an integral part of these Terms of Use.
4. Intellectual property rights
a. Property
The Better Minds website and all the texts, illustrations, videos, drawings, names, logos, brands, trademarks and domain names and all the other components of the Better Minds website are protected by the intellectual property rights of Better Minds or third parties, including copyrights and trademark rights. We do not transfer any rights to you with regard to the Better Minds website.
b. Authorised and unauthorised use
None of the components of the Better Minds website may be stored (other than what is necessary in order to be able to view the Better Minds website), reproduced, modified, disclosed, distributed, transmitted, sold, transferred or in any way used, unless Better Minds has given its prior written consent to do so. We only grant users a limited, non-exclusive, non-transferable licence, which cannot be sub-licensed, for the user’s personal, non-commercial use of the Better Minds website.
c. Licence for Better Minds
Subject to any contractual agreements to the contrary, the users grant Better Minds a worldwide, sub-licensable, transferable licence to make use of user-generated content (including texts, images, videos and other components) for commercial and non-commercial purposes for the maximum duration of its legal protection according to the applicable intellectual property rights, and they indemnify Better Minds against any claims from third parties in that regard.
5. Notifications
a. Notifications to Better Minds
Any notifications to Better Minds in connection with the Better Minds website, including complaints regarding possible infringement on rights and other communications, must be addressed to info@betterminds.com. We can only correctly process such notifications if they clearly indicate to what they relate.
b. Notifications by Better Minds
Any notifications by Better Minds in connection with the Better Minds website are exclusively made via the Better Minds website, or to the e-mail address that you have provided.
6. Limitation of liability
a. Guarantee Better Minds website
The Better Minds website is provided as it is at the time it is visited. Better Minds does not provide any guarantee for the proper functioning of the Better Minds website, and can in no way whatsoever be held liable for any poor operation or any temporary (un)availability, or for any form of damage, either direct or indirect, that may arise from the access to or the use of the website. We exclude any conditions, statements and guarantees that are not explicitly stated in these Terms of Use or elsewhere in notifications regarding the Better Minds website.
b. Security
Despite all efforts, Internet services can never be completely free from possible security risks. For this reason, Better Minds cannot be held liable for violations of the confidentiality of user data, for example, if the Better Minds website, the servers of Better Minds or the communication between the website and the servers is/are attacked by third parties.
c. Liability of the user
The user is responsible for any use of the Better Minds website and for compliance with these Terms of Use. The user indemnifies Better Minds against all claims from third parties resulting from this use, including claims arising from user generated content.
d. Liability of Better Minds
Better Minds cannot be held liable in any way, directly or indirectly, in general or specifically, for direct or indirect damage due to the use of the Better Minds website, including, but not limited to, the provision of erroneous or incomplete information, or the loss or corruption of data on the user's device with the exception of fraud and/or deception on the part of Better Minds that can be directly attributed to Better Minds.
e. Mandatory legal provisions
This provision is without prejudice to any mandatory legal provisions that would determine otherwise, or in the event of intent or serious error on the part of Better Minds.
7. Additional terms
a. With regard to the products and services that are offered on the Better Minds website (events, training schedules, magazines, webshop products, etc.), additional general terms and conditions may apply, which can also be consulted on the Better Minds website.
b. Better Minds organises promotional competitions and commercial campaigns. These Terms of Use, the Better Minds Privacy Policy, any additional general terms and conditions and the relevant competition rules will apply to these.
8. Miscellaneous provisions
a. Severability
If any provision of these Terms of Use should be declared to be unlawful, invalid, or for any other reason unenforceable, then that provision will be deemed to be severable from the Terms of Use, and this will not affect the validity and enforcement of the remaining terms. The unlawful, invalid or unenforceable provision will be replaced by another provision that corresponds as closely as possible to the original meaning.
b. Applicable law and jurisdiction
These Terms of Use are subject to and have been drawn up according to Belgian law. In the event of a dispute, the Courts of the judicial district of Antwerp, division Hasselt have exclusive jurisdiction.