Terms of Use

The Parties

The Website http://nl.JDEdwardsERP.com and the related websites in languages other than Dutch, hereinafter referred to as ‘the Website’, are an initiative of:

1. Cadran Consultancy B.V., listed in the Trade Register of the Chamber of Commerce under file number 32073161, established at Beek 7, Hoevelaken, and
2. Forza Consulting B.V., listed in the Trade Register of the Chamber of Commerce under file number 32126735, established at Suite 3, Lange Brinkweg 77, Soest, and
3. Quistor Enterprises B.V., listed in the Trade Register of the Chamber of Commerce under file number 20117223, established at Steenbergsestraat 49, Bergen op Zoom, and
4. Steltix Nederland B.V., listed in the Trade Register of the Chamber of Commerce under file number 30175262, established at Maarssenbroeksedijk 19c, Utrecht,

hereinafter jointly referred to as ‘the Founding Partners’. The Website is the joint property of the Founding Partners.

In addition to the Founding Partners, other companies have joined this initiative of the Founding Partners. All these companies, hereinafter jointly referred to, together with the Founding Partners, as ‘Partners’, have experience, expertise and know-how in the field of IT for specific solutions, implementation services and support based on Oracle and JD Edwards software and technology. They have set up this online platform in order to draw attention to the specific solution of Oracle JDEdwards. The Partners have combined their expertise and experience for that purpose.

All Founding Partners and Partners are independent companies. The use of the word ‘Partner’ in these Website Conditions has no legal significance, but only indicates that the Partners have entered into an alliance for the purpose described above, concerning which they have made certain agreements among themselves. No partnership, commercial partnership or other legal entity exists between the Partners.

On this online platform, each of the Partners publishes White Papers, articles, reports, videos, practical cases and blogs, among other things, hereinafter referred to as ‘Publications’. Each of the Partners is responsible for the Publications that they post on the Website or that are posted on their behalf. The Partners are not responsible and are not liable for Publications by a Partner other than themselves, or for the content of such Publications.

The daily management of the Website is provided by Heliview Online B.V., hereinafter also referred to as ‘the Agency’, on commission from the Partners. The Agency shall report which Partner is responsible for a particular Publication on request.

General

These Website Conditions apply to the Website http://nl.JDEdwardsERP.com and the related websites in languages other than Dutch.

You are requested to read the Website Conditions carefully. By accessing the Website and using information provided on or via the Website, you declare your consent to the Website Conditions.

The Website is intended solely in order to provide general information on Oracle JD Edwards.

The information on the Website is not binding on the Partners. No rights may be derived from the information on the Website.

No agreement for services or any other agreement with one or more Partners, or with the Agency, is contracted by accessing the Website, using the information on the Website and/or through the use of the reply form on the Website, nor do the Website and its content constitute an offer to contract an agreement.

If an agreement for services arises on the basis of the information provided via the Website and/or on the basis of a request to one of the Partners, that agreement is contracted solely with the Partner that contracts that agreement under the conditions determined by that Partner and the other Partners and the Agency are not party to that agreement and the other Partners and the Agency are not responsible and are not liable to the party that contracts the agreement with that one Partner.

Use of the Website

You use the Website and the information provided on the Website at your own risk. The information provided on or via the Website may not be used instead of advice.

Although the Partners and the Agency make efforts to provide accurate, complete and up-to-date information from sources regarded as reliable, the Partners and the Agency neither explicitly nor implicitly provide any guarantee that the information provided on or via the Website is accurate, complete or up to date, nor that the Website is free of errors, defects or malware.

Use of the Website that could obstruct its use by other internet users, jeopardise the functioning of the Website and/or damage the information provided on or via the Website or underlying software is not permitted. Altering the information provided on the Website is not permitted.

You are strictly forbidden to use the information made available via the Website for your own commercial purpose. Among other things, this means that full or partial:
– gathering and saving of such information in a personal database;
– use of the information for re-publication on other websites, online services or for online or offline publications; or
– use of the information for unsolicited dispatches of offers or information concerning your own products or services are strictly forbidden.

Information from third parties, products and services

If hyperlinks to third-party websites are provided on the Website, your use of such hyperlinks is entirely at your own risk. The Partners and the Agency accept no liability whatsoever for the content, use or availability of such websites or for products and services offered on such websites or their quality. The accuracy, reliability and completeness of information on such websites is not verified by the Partners or the Agency.

Intellectual and industrial property rights

A party that has posted a Publication on the Website (Oracle, Founding Partner or Partner) holds and retains all intellectual and industrial property rights in relation to that Publication.

The Founding Partners hold and retain all intellectual and industrial property rights relating to all content of the Website developed jointly by the Partners or developed by the Agency.

The Founding Partners hold and retain all intellectual and industrial property rights relating to all graphical material and logos on the Website.

Under the conditions described in these Website Conditions, you are permitted to copy, download or reproduce the information provided on the Website, subject to the following conditions:

– you use the information solely for your own information purposes and not for commercial purposes;
– you do not change this information in any way or adjust it in any way;
– all references to intellectual and industrial property rights in this information are presented unchanged.

The intellectual and industrial property rights of a website accessed via a hyperlink and the information on that website are held by the right-holder of that website.

The hyperlinks on the Website to third-party websites and the information saved via these hyperlinks may only be copied, downloaded, disclosed, circulated or reproduced under the conditions set there by the right-holder of that information.

Exclusion of liability

The Partners and the Agency accept no liability whatsoever for any damage, including but not limited to direct, indirect, material or immaterial damage or consequential loss (including loss of earnings), regardless of whether the Partners and/or the Agency have been notified of the possibility of such damage, arising in any way from, but not limited to:

– the use of the Website and the information provided on it;
– defects, viruses, malware of other shortcomings in appliances and other software in connection with access to or use of the Website;
– information provided on or via the Website;
– the interception, alteration or improper use of information sent to a Partner or to you;
– the functioning or non-availability of the Website;
– abuse of the Website or the content of the Website;
– loss of data;
– downloading or use of software made available via the Website;
– third-party claims in connection with use of the Website.

The exclusion of liability also extends to managers, employees and members of staff of the Partners and the Agency, third parties that they deploy and legal entities affiliated to them.

In the event that a Partner and/or the Agency are liable in any circumstances, their liability is always limited to the amount paid out by their liability insurance in the case in question. The same applies if indemnification is claimed from a Partner and/or the Agency.

Availability of website and changes

The Partners and the Agency shall make efforts to make the Website available. They do not guarantee that the Website and the information on the Website will be available at all times without interruption or in full.

The Partners and the Agency reserve the right to:
– block the Website without notice or to disable it for maintenance, changes or improvements or for other purposes;
– change, expand, delete or otherwise alter parts of the Website without notice;
– change the information provided on or via the Website, including the text of these Website Conditions, at any time, without further notice. You are advised to check the information provided on or via the Website, including the text of these Website Conditions, for changes on a regular basis.

Applicable law, competent court and versions of Website Conditions

The Website and the Website Conditions are governed by Dutch law.

All disputes arising from or relating to the Website and these Website Conditions shall be submitted solely to the District Court of Gelderland in Arnhem, the Netherlands.

If versions of the Website Conditions in other languages show discrepancies or lead to differences of interpretation, the Dutch version takes precedence.