Terms and Conditions
In these texts "de Stichting HyperVen" is further referred to as "the HyperVen Foundation" ("we", "us", "our").
The HyperVen Foundation can not be held responsible for the use of the HyperVen program and the phorums. Always consult a medical professional or your house doctor if you experience any health issues. By following the instructions inside the program the patient accepts the changes caused by this therapy. These changes are documented on the site and inside the program and the accompanying articles of Drs. Snitslaar.
The HyperVen Foundation advises patients to inform their physicians and house doctor of the fact that they are using this therapy, so any physical and psychological effects can be medically supervised.
All data on this website and in the HyperVen program is published under proper restrictions. Before using any of the information provided, you always need to consult with a renowned physician. The creators of the site and the HyperVen program do not take any responsibility for any kind of damage resulting from the use of the information of this website, the HyperVen program and the user phorums. Inaccurate and wrong information on the website, the HyperVen program or phorums can not be charged to the creators of the site or the HyperVen program or the writers of the texts.
TERMS AND CONDITIONS OF USE
- INFORMATION ABOUT US
www.hyperven.org/hyperven; www.hyperventilation.info/phorum and www.hyperventilation.info are Sites operated by "de Stichting HyperVen" further referred to as "the HyperVen Foundation" ("we", "us", "our"). We are registered in the Netherlands and our principle place of business is Wormerveer, Lijsterstraat 26c, 1521XC, the Netherlands.
- ACCESSING THE HYPERVEN PROGRAM
• 2.1 Access to the HyperVen program is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the HyperVen program or the Site itself without notice (see below). We will not be liable to you if for any reason the HyperVen program or the Service is temporarily unavailable at any time or for any period.
• 2.2 From time to time, we may restrict access to some or all parts of the HyperVen program and/or the Service.
• 2.4 You are responsible for making all arrangements necessary for you to have access to the HyperVen program and/or our Service. You are also responsible for ensuring that all persons who access the HyperVen program through your internet connection are aware of these terms, and that they comply with them.
- USE OF THE HYPERVEN PROGRAM
• 3.1 To order the HyperVen program please follow the instructions on screen. If you order the any products your contract with us will be governed by our Terms and Conditions of Sale which can be found below.
• 3.2 You may not use the HyperVen program or its contents:
o 3.2.1 for commercial purposes,
o 3.2.2 for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of the HyperVen program (e.g. item listings, descriptions, prices);
o 3.2.3 to download (other than page caching) or modify the HyperVen program, or any portion of it; or
o 3.2.4 for any purpose which is unlawful.
- INTELLECTUAL PROPERTY RIGHTS
• 4.1 We are the owner or the licensee of all intellectual property rights in the HyperVen program including the Service, and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
• 4.2 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
• 4.4 Using the HyperVen program does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
• 4.5 HyperVen program and all logos on the Site are business names and marks which are the property of the HyperVen Foundation.
- THE HYPERVEN PROGRAM CHANGES REGULARLY
• We aim to update the HyperVen program and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the HyperVen program or the Services, or close it indefinitely. Any of the material on the HyperVen program may be out of date at any given time, and we are under no obligation to update such material.
- OUR LIABILITY
• 6.1 The HyperVen program is provided "as is". Whilst we have taken every care in the preparation of the content of the HyperVen program we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the HyperVen program. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
o 6.2.1 death or personal injury resulting from negligence;
o 6.2.2 fraud or deceit; or
o 6.2.3 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- INFORMATION ABOUT YOU AND YOUR VISITS TO THE HYPERVEN PROGRAM
- VIRUSES, HACKING AND OTHER OFFENCES
• 8.1 You must not misuse the HyperVen program or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the HyperVen program or the Service, the server on which the HyperVen program or the Service is stored or any server, computer or database connected to the HyperVen program. You must not attack the HyperVen program or the Service via a denial-of-service attack or a distributed denial-of-service attack.
• 8.2 By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the HyperVen program and our Service will cease immediately.
• 8.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the HyperVen program and our Service or to your downloading of any material posted on it, or on any website linked to it.
- LINKS FROM THE HYPERVEN PROGRAM
• Where the HyperVen program contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- JURISDICTION AND APPLICABLE LAW
Last Updated: 3 July 2010
Thank you for visiting the HyperVen program.
TERMS AND CONDITIONS OF SALE
Last Updated: 3 July 2010
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
www.hyperven.org/hyperven; www.hyperventilation.info/phorum and www.hyperventilation.info are websites operated by the HyperVen Foundation, a company incorporated under the laws of the Netherlands whose principal place of business is at Wormerveer, Lijsterstraat 26c, 1521XC The Netherlands, Commercial Register: Amsterdam 34232233. Our VAT number is NL 814939806B01.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply the HyperVen program on our websites http://www.hyperven.org/hyperven; www.hyperventilation.info/phorum and www.hyperventilation.info to you. Please read these terms of sale carefully before ordering access to the HyperVen program. You should understand that by ordering access to the HyperVen program, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the HyperVen program.
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to gain access to the HyperVen program.
If you have any questions regarding these terms of sale (including any technical questions) please contact the foundation through e-mail: firstname.lastname@example.org
- TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
• "foundation", "we" or "us" means the HyperVen Foundation, its employees, volunteers, subcontractors and/or other companies which are appointed by the HyperVen Foundation to provide services in relation to the HyperVen program operated by the HyperVen Foundation;
• "Product" is the HyperVen Online program; and
• 2.1 The HyperVen program is intended for use by customers all around the world.
• 2.2 By ordering the HyperVen program, you warrant that:
o 2.2.1 You are legally capable of entering into binding contracts;
o 2.2.2 You are at least 18 years old
- USING THE HYPERVEN PROGRAM
• 3.1 To use the HyperVen program services you need to register and log in to the site, thus creating your own account which can be created here: Sign Up.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
• 4.1 This contract will be concluded with the HyperVen Foundation, a company incorporated under the laws of the Netherlands whose principal place of business is at Wormerveer, Lijsterstraat 26c, 1521XC The Netherlands.
• 4.2 After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by granting you access to the online HyperVen program. The contract between us (the "Contract") will only be formed when you receive access to the online program.
• 4.3 The Contract will relate only to the HyperVen program.
- AVAILABILITY AND PRODUCT DELIVERY
• 5.1 Although we endeavour to ensure the availability of the HyperVen program, we cannot guarantee that access will always be available. If we are unable to process or execute your order, we shall contact you:
o 5.1.1 to notify you that we are unable to fulfil the order.
If we are unable to fulfil the order we shall have no further liability to you unless we have already taken payment for the Product, in which case we shall refund payments already taken from you for the relevant Product.
• 5.2 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, and if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
• 5.3 The HyperVen program is delivered to you by online access only.
• For security reasons, access to the program is possible only through the personal and protected Account area when you are logged into the HyperVen program using your personal login details.
- CONSUMER RIGHTS
• 6.1 The Consumer Protection (Distance Selling) Regulations 2000 (the "Regulations") allow consumers the right to cancel orders for goods or services during the period of seven working days after the day on which delivery of goods takes place or the service being provided commences (the "Cooling Off Period"). If you choose to exercise this right, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Please carefully read the provisions below as they will affect your right to cancel the Contract.
• 6.2 The seven day Cooling Off Period will start:
o 6.2.1 if you order access to the online HyperVen program on the day after the date on which the access is made available to you from your personal Account area.
• 6.3 To cancel a Contract within the Cooling Off period, you must inform us in writing by giving notice to email@example.com.
- RISK AND TITLE
The Products will be at your risk from the time of delivery.
- PRICE AND PAYMENT
• 8.1 The price of any Products will be as quoted in the websites of the HyperVen foundation from time to time, except in cases of obvious error.
• 8.2 These prices include VAT.
• 8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
• 8.4 We are under no obligation to provide the HyperVen program to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
• 8.5 Payment for all Products must be made by credit or debit card. We accept payment with Visa, Master Card, American Express and Maestro. We are under no obligation to deliver the Products until we have received payment from you.
- OUR REFUNDS POLICY
• 9.1 When you return a Product to us because you have cancelled the Contract between us within the seven-day Cooling-off Period (see clause 6 (Consumer Rights) above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. On or before accepting your cancellation of your order for the Products, we may ask you to sign a letter (an "Electronic Letter of Destruction") to certify that you have deleted any software Products from your personal computer(s). Please note that we cannot proceed with your cancellation until you return the Electronic Letter of Destruction to us.
• 9.2 If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to firstname.lastname@example.org. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the Product.
• 9.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
- PERSONAL DATA
- OUR LIABILITY
• 11.1 In accordance with your statutory rights we warrant to you that purchase of the HyperVen program is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
• 11.2 The product specifications and system requirements required to activate and operate the HyperVen program are described in more detail at http://www.hyperventilation.info. We cannot ascertain whether your computer fulfills the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system for the HyperVen program.
• 11.3 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the HyperVen program.
• 11.4 This does not include or limit in any way our liability:
o 11.4.1 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
• 11.5 Nothing in these terms of sale shall affect your statutory rights. If you have any doubts as to your statutory rights then you should contact your local citizens advice bureau.
- INTELLECTUAL PROPERTY
The HyperVen program is the intellectual property of the HyperVen Foundation. To use the HyperVen program you must accept the software license terms that are clearly stated in the program. You may not remove any copyright, trademark or intellectual property notices contained which forms part of the HyperVen program.
- IMPORT DUTY
If you order the HyperVen program, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
- WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the HyperVen program, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the HyperVen program or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to the HyperVen Foundation, a company incorporated under the laws of the Netherlands whose principal place of business is at Wormerveer, Lijsterstraat 26c, 1521XC The Netherlands, or by email to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- TRANSFER OF RIGHTS AND OBLIGATIONS
• 16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
• 16.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- EVENTS OUTSIDE OUR CONTROL
• 17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
• 17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
o 17.2.1 strikes, lock-outs or other industrial action.
o 17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
o 17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
o 17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
o 17.2.5 impossibility of the use of public or private telecommunications networks.
o 17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
• 17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
• 18.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
• 18.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
• 18.3 No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- ENTIRE AGREEMENT
• 20.1 These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
• 20.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
• 20.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.
- OUR RIGHT TO VARY THESE TERMS OF SALE
• 21.1 We have the right to revise and amend these terms of sale from time to time.
• 21.2 You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
- LAW AND JURISDICTION
Contracts for the purchase of the HyperVen program will be governed by Dutch law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of the Netherlands.
The language of the Contract shall be English.