oktria.com Terms and Conditions
These Terms govern
the use of this Application, and,
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The Customer and User must read this document carefully.
This Application is provided by:
Oktria, Halvinkhuizerweg 3 3228BE Putten, Netherlands
Owner contact email: firstname.lastname@example.org
Information about this Application
Measuring and guiding company, departments and career health aligned with your company strategy.
What the Customer and User should know at a glance
The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
Please note that some provisions in these Terms may only apply to certain categories of Customers or Users. In particular, certain provisions may only apply to Consumers or to those Customers or Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Customers or Users.
Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.
By using this Application, Customers and Users confirm to meet the following requirements:
There are no restrictions for Customers or Users in terms of being Consumers or Business Users.
To use the Service Customers or Users must register or create for each User a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Service.
Customers or Users are responsible for keeping their login credentials confidential and safe. For this reason, Customers or Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.
If available, SSO should be used to log into the Application.
By registering, Customers or Users agree to be fully responsible for all activities that occur under their username and password.
Customers or Users are required to immediately and unambiguously inform their organisation representative responsible for the Oktria relationship or the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Customers or Users can terminate their account and stop using the Service at any time by doing the following:
By contacting their organisation representative responsible for the Oktria relationship
By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, Customer or User accounts which it deems inappropriate, offensive or in violation of these Terms.
The suspension or deletion of Customer or User accounts shall not entitle Customers or Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the Customer or User does not exempt the Customer or User, whichever is applicable, from paying any applicable fees or prices.
Content on this Application
Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.
The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Customers or Users to enforce their rights, Customers or Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content.
Customers or Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without limitation, Customers or Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the Customer or User or their device, even without the User's knowledge.
Where explicitly stated on this Application, the Customer or User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Customers or Users
The Owner allows Customers and/or Users to upload, share or provide their own content to this Application, as limited by the rights and permissions granted to the User.
By providing content to this Application, Customers or Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Rights regarding content provided by Customers or Users
Customers and Users acknowledge and accept that by providing their own content on this Application they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.
To the extent permitted by applicable law, Customers and Users waive any moral rights in connection with content they provide to this Application.
Customers and Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions set forth for content on this Application.
Liability for provided content
Customers and Users are solely liable for any content they upload, post, share, or provide through this Application. Customers or Users acknowledge and accept that the Owner does not filter or moderate such content.
However, the Owner reserves the right to, usually in consultation with the Customer, remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading Customer or User access to this Application:
if any complaint based on such content is received;
if a notice of infringement of intellectual property rights is received;
upon order of a public authority; or
where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Customers or Users, third parties and/or the availability of the Service.
The removal, deletion, blocking or rectification of content shall not entitle Customers or Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Customers or Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.
Access to external resources
Through this Application, Customers or Users may have access to external resources provided by third parties. Customers or Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.
Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.
Customers or Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Customers or Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities - whenever Customers or Users engage or are suspected to engage in any of the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate interests;
offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
Prices, descriptions or availability of Products are outlined in the respective sections of this Application and/or the Agreement with the Customer and are subject to change without notice.
While Products on this Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colours, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Customers or Users may not be required to participate in any purchasing process since they may form part of or use Oktria in terms of an agreement between the Customer and Oktria.
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
Customers or Users must choose the desired Product and verify their purchase selection.
After having reviewed the information displayed in the purchase selection, Customers or Users, whichever is applicable, may place the order by submitting it in a way agreed between Oktria and the Customer or User.
When the Customer or User submits an order, the following applies:
The submission of an order determines contract conclusion and therefore creates for the Customer or User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
In case the purchased Product requires active input from the Customer or User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the Customer or User to cooperate accordingly.
Upon submission of the order, Customers or Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the Customer or User for such purposes.
Customers or Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices on this Application are displayed:
either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the Customer or User is browsing.
Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.
Payment of price in instalments
The payment of the purchase price may be settled in two or more instalments, within the deadlines specified on this Application or otherwise communicated by the Owner.
Specific Products may be excluded from this payment model.
If the Customer or User fails to meet any of the payment deadlines, the entire outstanding amount shall become immediately due and payable.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Retention of usage rights
Customers or Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.
Delivery of digital content
Unless otherwise stated, digital content purchased on this Application is delivered via download on the device(s) chosen by Customers or Users or is accessible via a web browser or other technology on such devices.
Customers or Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market standards.
Customers or Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Customers or Users may have the option to test this Application or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of this Application may not be available to Customers or Users during such trial period, if applicable.
Further conditions applicable to the trial period, including its duration, will be specified on this Application.
The trial period shall end automatically and shall not convert into any paid Product unless the Customer or User actively purchases such paid Product.
Subscriptions allow Customers or Users to receive a Product continuously or regularly over a determined period of time.
Paid subscriptions begin on the day the payment is received by the Owner.
In order to maintain subscriptions, Customers or Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Owner using the contact details provided in this document. Terminations shall take effect 30 days after the notice of termination has been received by the Owner.
Customer or User rights
Right of withdrawal
Unless exceptions apply, the Customer or User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Customers or Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Customers or Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Customers or Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Customers or Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract.
To this end, Customers or Users may use the model withdrawal form available from within the “definitions” section of this document. Customers or Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Customers or Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of goods, the withdrawal period expires 14 days after the day on which the Customer or User or a third party – other than the carrier and designated by the Customer or User – takes physical possession of the goods.
Regarding the purchase of several goods ordered together but delivered separately or in case of purchase of a single good consisting of multiple lots or pieces delivered separately, the withdrawal period expires 14 days after the day on which the Customer or User or a third party – other than the carrier and designated by the Customer or User – acquires physical possession of the last good, lot or piece.
Effects of withdrawal
Customers or Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the Customer or User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the Customer or User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of physical goods
Unless the Owner has offered to collect the goods, Customers or Users shall send back the goods or hand them over to the Owner, or to a person authorized by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract.
The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Customers or Users have supplied evidence of having returned the goods, whichever is the earliest.
Customers or Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning.
The costs of returning the goods are borne by the User.
Liability and indemnification
Australian Customers or Users
Limitation of liability
US Customers or Users
Disclaimer of Warranties
This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Customers or Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by Customer or User from owner or through the Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Customers or Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Customers or Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly with Customers or Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Customers or Users. This Agreement gives Customers or Users specific legal rights, and Customers or Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or Customer or User account or the information contained therein;
any errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from Customer or User access to or use of the Service;
any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
any interruption or cessation of transmission to or from the Service;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
the defamatory, offensive, or illegal conduct of any Customer or User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by Customer or User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give Customer or User specific legal rights, and Customer or User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
The Customer or User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
User’s use of and access to the Service, including any data or content transmitted or received by User;
User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
User’s violation of any statutory law, rule, or regulation;
any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
User’s wilful misconduct; or
statutory provision by Customer or User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Customers or Users appropriately.
Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Customers or Users to enable them to withdraw Personal Data or information in accordance with applicable law.
Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Customers or Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the Customer or User of these changes.
Such changes will only affect the relationship with the Customer or User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Customers or Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship prior to the User's acceptance. The Customer or User can obtain any previous version from the Owner.
If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.
Customers or Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Application must be sent using the contact information stated in this document.
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Customers or Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent.
These Terms constitute the entire Agreement between Customers or Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Customers or Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable