Terms of Use

Discover our terms of use

1. Introduction

These Terms of Use of neXtop (below: “We” or “Us”) apply to:

www.neXtop.be and all of its components, collectively referred to as “Website”.
all data located on the Website, including but not limited to photographs, images, graphics, software, drawings, text, teaching documents, etc., collectively referred to as ‘Information’.
Content, such as homework, quizzes, tests, projects, other assignments that the User uploads, posts that the User makes in the forums and the like, collectively referred to as “User Content”. However, User Content does not include course content or other materials made available on or posted to neXtop’s platform by or on behalf of instructors using the Services.
natural persons who, whether paying or not, use any Information located on this website, collectively referred to as “Users”.
The provision of digital training or instructional materials, digital documentation, digital teaching materials, multimedia, or any other digital materials in any form that is used as part of the digital course and used by the User to gain knowledge, collectively referred to as “Services”.

These Terms of Use describe your agreement to use Service(s) (after payment). neXtop may revise these terms and conditions and any changes will be effective when published on this page.

The Service(s) described below may result in charges to you. You can view a summary of the purchased Service(s) in your neXtop account. If we cannot collect payment, we may contact you using the information contained in our system, or request payment when we provide Service(s) to you. If you fail to pay amounts due, we may restrict or block your use of the Service(s) until the payment problems are resolved. For information on how we use your payment information, please see Our Privacy Policy.

This Agreement is between you, the User (“You” or “you”) and neXtop (“we,” “our” or “neXtop”). The agreement takes effect from the moment you have registered for a (paying) course. By (subscribing to) using our Service(s), you agreed to the full Terms of Use regarding the use of these Service(s).

2. Summary

Below you can find a summary of the Terms of Use, which however does not replace the full Terms of Use.

By (subscribing to) using our Service(s), you agree to the following:

You can use the Service(s) from your purchase until as long as it was promised to you at the time of purchase.
We may modify the Service(s) at any time without entitling you to any refund or restitution.
You may cancel the Service(s) at any time and you are not entitled to a refund.
You cannot transfer the Service(s) to another User without our prior consent.
You cannot use the Service(s) for commercial purposes or resell them.
You may not use the Service(s) for illegal, fraudulent or abusive purposes.
All collected (personal) Information required to provide the Service(s) will be processed in accordance with our Privacy Policy.
We may modify the Information or Service(s) provided at any time (remotely) without notice to you.
We may change these Terms of Use at any time, and such changes will become effective upon publication on the website or if we notify you, at the time of notice.

3. General conditions

3.1 Use

These general Terms of Use apply to both the Use and access of the Website.

We urge you to read the Terms of Use carefully before using the Website.

When registering as a User, under penalty of nullity of registration, you explicitly agree to the Terms of Use. If you do not agree to the Terms of Use or if you do not understand their scope/content, we ask that you cease using the Website, terminate your registration and leave the Website soon.

3.2 Scope

The Website and the intellectual property rights contained therein are the property of neXtop. The User may use the Website and the Services offered under the conditions described in these Terms of Use, which are expressly accepted by the User in advance.

3.3 Purpose

NeXtop is a digital course for Dutch as a Second Language designed for anyone who wants to learn Dutch. It consists of different modules each containing 5 lessons and a private session with a tutor (30 minutes). These modules allow you to work independently on the acquisition of Dutch as a second or foreign language.

3.4 Content and use of the Website

Who – A User may use our Services only if you can enter into a binding contract with neXtop, and only in accordance with these Terms of Use and all applicable laws. When you create your neXtop account, and subsequently when you use certain features/Services, you must provide us with accurate and complete information and agree to update your information to keep it accurate and complete.

Services Use License – Subject to these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to use our Services. You may download Information or content from our Services only for your personal, non-commercial use, unless you obtain written permission from neXtop to use the Information or content in any other way. You also agree that you will only create, access and/or use one user account unless expressly permitted by neXtop, and you will not share access to information for your account with any third party. Use of our Services does not entitle you to intellectual property rights in our Services or the content you use or view.

Changes in content offerings – NeXtop offers courses and content. Although we strive to provide content of the best possible quality, unexpected events do occur. NeXtop reserves the right to cancel, interrupt, reschedule or modify any content offer, or change the point value or weight of any assignment, quiz or other assessment.

3.5 Links to external web pages

The Website (and forum) may contain links or links to external web pages/websites of third parties. NeXtop cannot guarantee nor incur liability for the content or accuracy of the information contained on these websites/web pages, given that neXtop has no authority over such content or information.

The inclusion of links to external web pages on the Website does not imply any approval, recommendation or endorsement by neXtop of the content or information on these websites/web pages. Also, neXtop cannot guarantee that the privacy policies of these external websites/web pages are in compliance with European / Belgian legislation.

When consulting or using these external websites/web pages and their content, neXtop cannot be held liable for any (in)direct damages resulting therefrom.

3.6 Operation of the Website

NeXtop secures the Website and makes it permanently available by all reasonable means. Although neXtop cannot rule out the possibility of technical failures in unforeseeable circumstances, we also take every measure to avoid such inconveniences. These technical failures can be caused by malware, incorrect technical actions or unauthorized interventions. NeXtop can therefore in no way guarantee that the Use of the Website will in no way experience any interference or that no inconvenience could ever occur.

Accordingly, NeXtop shall not be held liable by any User for the aforementioned errors, inconveniences, incidents and problems resulting from any access or Use of the Website or any external third-party website. Neither can neXtop be held liable for any resulting damages.

In accepting the Use Agreement, you acknowledge and accept neXtop’s right to interrupt access to the Website at any time and without prior notice pursuant to the following non-exhaustive list of grounds:

detecting or stopping possible instances of abuse and/or fraud
repairing technical or operational malfunctions
in case of an injunction by a court for alleged infringement of the (intellectual) rights of third parties or having actual knowledge of such infringement
in case of discontinuation of neXtop’s activities
etc.

In order to make changes and improvements to the Website, as well as to ensure regular technical maintenance and updating of content, such obstacles may be necessary. Under no circumstances can the User hold neXtop liable for any disadvantage it may suffer as a result of such obstacles.

3.7 Obligations of the User

Beyond the above agreements, the User warrants and is committed to complying with the specific rules of conduct set forth below, and accordingly:

Not to Use the Website in a manner contrary to the Terms of Use;
Always use the Website as a prudent and caring person;
To have reached or will reach the age of 18 in the current year.
To prevent him from imprudent Use of the Website or Use with bad intentions in any way impairing the content of the Website, making unauthorized changes, causing disturbances or (temporary) unavailability of the Website, uploading malware or harmful files, or contributing to any incident that could cause damage to neXtop or third parties;
To provide his/her registration and personal data correctly and not to communicate his/her registration data to third parties by any means and to treat them as strictly personal;
Not to Use the Website for illegal purposes, breach of morals or with the intent to damage the reputation of neXtop or that of third parties;
Not to Use the Website for political propaganda and commercial activities;

Violation of these rules of conduct may result in an autonomous decision by neXtop to permanently ban the User without prior notice/consent and without any right to refund.

3.8 Forum

Also, the User warrants and undertakes to comply with the specific rules of conduct mentioned below with respect to the neXtop forum, and consequently:

Not to post on the forum any file that is illegal, objectionable, offensive, hateful, sexually oriented, contains malware, infringes/can infringe on the privacy of third parties, infringes/can infringe on the intellectual rights of neXtop or third parties, nor is contrary to public order or morality.
Not to repeatedly post messages that are the same or very similar (for advertising purposes) – also known as flooding or spamming.
To post only on the topic central to the discussion in which one is participating, in a manner that does not detract from its quality.
No third parties (including other Users) to imitate.
Not to violate intellectual property, privacy or other rights. Do not share content that you have no right to share, claim content that you cannot legally consider your own, or share content that in any way infringes or misappropriates someone else’s intellectual property or other rights.

NeXtop has the right to remove or modify any material that does not comply with the Terms of Use, without any possibility of contradiction for the User.

Violation of these specific rules or the Terms of Use in general, may result in an autonomous decision by neXtop to permanently ban the User without prior notice/consent and without any right to a refund.

3.9 Intellectual property rights

The Services allow you to share your content, such as homework, quizzes, tests, projects, other assignments you submit, posts you make in the forums and the like (“User Content”), with neXtop, instructors and/or other users. When sharing User Content, the User is solely responsible for respecting the Intellectual Property Rights of third parties contained on the User Content, and for complying with any obligations that may be attached thereto. In other words, in no event shall NeXtop be held liable for any infringement of such intellectual property rights of third parties when sharing User Content.

To the extent you provide User Content, you grant neXtop a fully transferable, royalty-free, perpetual, sublicensable, nonexclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display and otherwise use the User Content. This license includes granting neXtop the right to authorize partners to use the User Content with their registered Users, on-campus students or other students independent of the Services. Nothing in these Terms shall limit other legal rights of neXtop to User Content, such as under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

To other Users using our Services, you grant a Creative Commons Attribution 4.0 International license.

Consequently, the third-party Users have the right to:

Share the User Content – copy, distribute and transmit through any medium or file format
edit the User Content – remix, modify and create derivative works
for all purposes, including commercial purposes.

Under the condition that:

Attribution – The User must attribute the creator of the User Content, provide a link to the license and indicate whether the work has been altered. You may do so reasonably, but not in such a way as to give the impression that the licensor agrees with your work or your use of the work.
No additional restrictions – You may not apply legal conditions or technological provisions that legally restrict others from doing anything the license allows.

Notice:

For elements of the material that are in the public domain, and for uses permitted through an exception or limitation in the Copyright Act, you do not have to abide by the terms of the license.
No guarantees are given. The license may not give you all the use freedoms necessary for the intended use. For example, other rights such as publicity, privacy and moral rights may restrict the use of a work.
This is the simplified (human-readable) version of the full license and not a replacement for the full license.

All rights, including copyrights and other intellectual property rights, in this website and in the Information on this website (texts, images and other items), belong to the operator, neXtop, unless explicitly stated otherwise in the source citation.

As a general principle, the Information may be reproduced or communicated for illustration in education for a nonprofit purpose, within the scope of the normal activities of the educational institution, without prejudice to the normal exploitation of the work by the author(s) and subject to acknowledgement of source. Only under these conditions can the Information be reproduced or communicated without the permission of the author(s). The author may be a User himself or third parties whose copyrighted material has been used in the Information. If this digital education exception to the required permission applies, it takes precedence over the Creative Commons license and, according to the applicable legal framework, no fee is due to the author(s) either.

With respect to the Information, the User must verify on his own authority and responsibility the extent to which the Information may be reproduced and/or communicated publicly. Specifically, the User must determine to what extent the Information is protected by intellectual rights and determine whether the Information has been released through a free license model, such as, for example, the Creative Commons. The User acknowledges that such license models may also entail certain obligations and accepts that it is his own responsibility to respect them.

If the Information has not been released under a free license model, the ordinary rules of applicable intellectual rights will continue to apply. Otherwise, the Registered Member alone is responsible for ensuring that the Information is not used in a manner that violates the rights of the holder of the intellectual rights in question or the applicability of any exceptions or exceptions to those rights. NeXtop will not determine rights holders or add source citations on your behalf and cannot be held liable for any infringement of third-party intellectual property rights.

Any authorized Use of the Website and the Information contained therein also implies that the User must always indicate the source of Information in a clear and visible manner. That is, in addition to citing the source of the author of the Information, the User must include the name of the producer and Website.

Except as stated above, the User may not copy, adapt, translate, sell, rent, lend, communicate to the public or create derivative works of the aforementioned elements in whole or in part (by any means or on any information medium) without the express and prior consent of neXtop (or the corresponding author, possibly the Registered Member).

3.10 Refund policy

However, the User explicitly and in advance consents to the execution and/or delivery of the Services commencing immediately upon payment and acknowledges that he thereby forfeits his right of withdrawal. (Art.VI.53 13° WER)

Personal data

All Personal Data collected by neXtop during registration will be treated and/or processed in accordance with our Privacy Policy.

Right of renunciation

NeXtop’s failure to enforce or exercise (its right under) any provision of these Terms of Use at any time or for any period shall not in any way be construed as a waiver of its right to enforce or exercise such provision at any time.

3.11 Legal validity of the Terms of Use.

The invalidity of one or more provisions of these Terms of Use does not affect the validity, applicability and mandatory nature of the remaining provisions. If one or more provisions are deemed or declared invalid on the basis of a law, a regulation or a final judgment of a court of competent jurisdiction, such invalid provisions will be replaced by a new provision that will, as much as possible, aim at the original purposes of the invalid provision. The remaining provisions will retain their unchanged force and scope.

3.12 Applicable law and competent courts.

These Terms of Use are governed exclusively by Belgian law. The User agrees that only the courts and tribunals of Oudenaarde shall have jurisdiction to take cognizance of any dispute that may arise concerning the application or interpretation of the Terms of Use to the exclusion of any other court.

3.13 Changes to the Website and/or the Terms of Use.

We may change these Terms of Use at any time, and such changes will become effective upon publication on the website or if we notify you, at the time of notice.

3.14 Contact

For further questions regarding these Terms of Use, please contact neXtop at info@nextop.be.