Terms of Use
The Platform and the Modules are made available by the private limited liability company Thar Uitgeverij BV, established at Academiesingel 1, (4811 AA) Breda, registered in the Trade Register under number 67834000 (“THAR”).
DATA CONTROLLER
THAR
Responsible for the compliant processing of transport training records under the GDPR.
Address
Academiesingel 1, 4811 AA Breda, The Netherlands
info@tharonline.nl
CoC: 67834000
1. Definitions
In these General Terms and Conditions, the following is understood to mean:
- Company: the client with whom THAR has entered into an agreement for the use of the Platform and/or specific Modules.
- Platform: THAR's online learning platform, accessible via https://thar.online.
- Modules: the courses and/or training programs and/or instructions, including associated tests and information, made available by THAR to the Company and User via the Platform based on the agreement with the Company.
- Company Account: the account provided by THAR to the Company on the basis of which the Company has access to the Platform and/or certain Modules and with which the Company can invite Users to create a User Account.
- User: the person who actually uses the Platform and/or the Modules.
- User account: the account of a User by which access can be gained to the Platform and certain Modules.
2. Applicability of these terms and conditions
1. When you use the Platform and/or the Modules, these Terms of Use apply. By logging in, you agree to the applicability of these terms.
2. The terms and conditions are also available on the THAR website, https://www.tharonline.nl/, where you can download the terms and conditions.
3. Access to the Platform and Modules
1. To use the Platform and to follow a Module, you must have a User Account, for which you must register. Registration can only take place upon invitation from the administrator of the Company Account or by THAR.
2. Registration is effected by fully completing the details on the online registration form, which a new User receives upon their first introduction to the Platform. Via this form, the User confirms their invitation by entering their full name and a password of their choice. After confirmation, the User can log in using their email address and chosen password. This grants you access to the Platform and the Module(s) available to you as a User. Only one User account can be created per User (and email address).
3. A User Account is strictly personal, non-transferable, and non-exclusive. It is linked to one User. As a User, you are granted a personal and revocable right to use the Platform and the Modules available to you.
4. As a User, you must treat your chosen password confidentially and with care. You shall take reasonable measures to prevent unauthorized persons from gaining knowledge of and using the password.
5. As a User, you may only use the Platform and the Modules available to you thereon for the intended purpose. It is not permitted to use them for other (improper) purposes or to use them unlawfully. In that case, THAR may immediately block your User account and recover any damages from you as the User.
6. You must immediately report theft or (suspected) misuse or improper use by a third party of your password and/or User Account to THAR in writing or by email. Until the time of actual receipt of this report by THAR, you are liable for all damages arising from the use/misuse made of the password and/or your User Account.
7. If THAR ascertains or reasonably suspects that unauthorized persons are using or may use the password and/or your User Account, THAR has the right to immediately block your User Account and the password and to recover any damages THAR suffers as a result from you, without THAR being liable for damages on your part as a User.
8. As a User, you are solely responsible for the facilities required for using and accessing the Platform and/or the Modules. THAR is not responsible for the proper functioning of those facilities.
4. Modules
1. For you as a User, only the Modules that the Company or THAR has selected for you are available.
2. A Module may be available for a limited time only. You are responsible for taking the Module in a timely manner.
3. Each Module contains assessment questions to test the User's level of knowledge. Whether the relevant Module has been successfully completed depends on the pre-set assessment score. In addition to the assessment score, time and progress are also criteria used for testing. The grading levels may vary per Module. Each time a User successfully completes the final test for a specific Module, the corresponding certificate of participation can be downloaded.
4. If the User fails a final test or any of the other stated requirements, THAR is not responsible for the consequences thereof. THAR is not obliged to grant the User retakes, nor is it responsible for the (additional) costs incurred as a result. This also applies even if incorrect information is present in a test.
5. Availability
1. THAR will endeavor to keep the Platform available and to provide access to the Modules. THAR continuously works on a properly functioning Platform and Modules, but cannot guarantee that they will always function fully and/or be accessible at all times or without interruptions. The Platform and/or the Modules may, for example, be temporarily unavailable or inaccessible in the event of malfunctions or maintenance. THAR is not liable for malfunctions, disruption, or loss of performance.
2. THAR reserves the right, without being liable and/or responsible for damages, to at any time and without prior warning: a. remove, improve or otherwise modify the Platform and/or Modules and/or other information on the Platform; b. disable, render inaccessible and/or restrict the use of the Platform and/or Modules in whole or in part (temporarily or permanently).
3. The Platform and/or the Modules may contain interfaces with third-party facilities or hyperlinks to third-party websites. THAR has no control over or influence on these facilities or websites and does not guarantee their operation or availability. THAR is also not responsible or liable for the content of websites to which or from which a hyperlink or otherwise refers.
6. Duration of access
The right of use and access to the Platform and the Modules and the information made available thereon terminates immediately when you, as a User, are no longer employed by or working on behalf of the Company, or when the Company account terminates due to the termination of the agreement between THAR and its client.
7. Complaints and helpdesk
The Platform offers a helpdesk via a so-called chat function, which is in principle available on working days between 08:00 and 22:00. As a User, you can ask questions there. THAR endeavors to answer questions promptly, but THAR does not guarantee the availability of the helpdesk, a response time, or the actual ability to answer questions. Furthermore, THAR may impose additional conditions on the answering of questions.
8. Liability
1. The Platform and the Modules have been compiled with the utmost care. Nevertheless, THAR does not guarantee that the information offered on the Platform and in the Modules is accurate, complete, up-to-date, and/or suitable. THAR accepts no liability whatsoever for the information on the Platform and/or the Modules, or for the use of that information, including information from tests that you, as a User, have taken after completing a Module.
2. THAR is not liable for compensation for damage to or suffered by the User, unless caused by intent or willful recklessness.
3. In the event that THAR is nevertheless liable for compensation for any damage, such damage shall be capped at the amount paid out by THAR’s insurer. If and to the extent that, for whatever reason, no payment is made under the said insurance, THAR’s total liability shall be limited to an amount of EUR 2,500 (in words: twenty-five hundred euros) per event, whereby a series of related events shall be considered as a single event.
4. THAR shall never be liable for indirect damages, such as consequential damages, damages due to delay, lost profits, reputational damage, loss of data, or damages due to missed opportunities.
5. THAR cannot guarantee the uninterrupted use of the Platform and/or the Modules and is therefore never liable for any damage, consequential damage, or loss of data resulting from interrupted use.
6. THAR endeavors to secure the Platform as well as possible against viruses and malware, among other things. However, THAR is not liable for damage resulting from this.
7. As a User, you are liable for the damage suffered by THAR as a result of improper or unlawful use of the Platform and/or the Modules.
9. Privacy
1. THAR acts in accordance with applicable privacy regulations.
2. By registering to obtain a User Account, you expressly consent to the use of the necessary personal data for access to the Platform and to follow the Modules.
10. Intellectual property rights
1. As a User, you may only consult and use the information on the Platform and in the Modules for your own personal use, unless otherwise agreed in writing with THAR. Consequently, you may only print content for your own practice or study and may not further distribute or make it public. If the right of use and/or access expires, the information must be destroyed.
2. All intellectual property rights or other rights relating to the Platform, the Modules or services of THAR belong to THAR or have been obtained by THAR by means of a license.
3. You may never copy, reproduce, distribute, or make public (the content of) the Platform, the Modules, or other intellectual property rights, with the exception of personal use, unless you have obtained written permission from THAR to do so.
11. Choice of law and competent court
1. All services of THAR and legal relationships established with it are exclusively governed by Dutch law.
2. Disputes shall be submitted exclusively to the competent court in the Netherlands.
12. Other and amendments
1. THAR has the right to amend these terms and conditions.
2. An amended version of the terms and conditions will be published on the Platform before it takes effect. You agree to the amended terms and conditions by agreeing and continuing to use the Platform.
Questions about terms of use?
If you have questions about this terms of use, please contact us. Our privacy compliance team is ready to assist.