Our Terms of Use

Welcome to PascalVanDam.com, which is owned and operated by Poortier Management B.V., we are truly excited to have you aboard. Thank you for choosing to use our services.

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, our Refund Policy and to our Community Rules, which is expressly incorporated herein.

“You” or “Your” means you as a participant in or as a user of the PascalVanDam.com website. “We” or Our” or “Us” means Poortier Management B.V.. “Our site” means PascalVanDam.com.

We are serious about protecting your online privacy. Our Privacy Policy describes our privacy practices. We stand behind all of our products and your satisfaction is very important to us.

We strongly urge you to read this policy and make sure you fully understand and agree with it, before you access or use any of our services. If you do not read, fully understand and agree to this Terms of Use, you must immediately leave this website, application or service, and avoid or discontinue all use of any of our services.

We understand that legal terms can be exhausting to read, and we’ve tried to make the experience more pleasant. These terms are necessary in order to protect both you and us, and to make our services possible and more enjoyable for everyone. You are more than welcome to contact us at legal@pascalvandam.com or visit our contact us page.

#LegalTalkEasy

As noted in our Terms of Use, we disclaim all warranties and shall not be liable for any damages (subject to applicable law).

We may change this policy at any time. We will notify you of any material changes in this policy.

This column is just for clarity and therefore cannot be use for legal purposes.

SECTION 1 – INTRODUCTION

1.1 Our Purpose

We are on a passionate mission to empower businesses to harness the full potential of cloud-native technologies for enhanced agility, scalability, and competitive advantage. We are an online community platform to provide industry-leading cloud-native training, enabling organizations to optimize productivity, accelerate innovation, and drive digital transformation. It’s a place where you can learn, connect with peers & industry experts, and get the strategies and tools you need to grow and scale your business in the cloud-native era.

1.2 Interpretation

Any heading, caption or section title contained herein, and any explanation or summary under the right “#LegalTalkEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

1.3 Earnings And Income Disclaimer

We can not and do not make any guarantees about your ability to get results or earn any money with our ideas, information, tools, or strategies. You should know that all products and services by our company are for educational and informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results or future earnings, and we do not offer any legal, medical, tax or other professional advice. Any financial numbers referenced here, or on any of our sites, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Use caution and always consult your accountant, lawyer or professional advisor before acting on this or any information related to a lifestyle change or your business or finances. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration you agree not to attempt to hold us liable for your decisions, actions or results, at any time, under any circumstance.

1.4 Your Obligations

In consideration of your use of this Site, you agree that to the extent you provide personal information to Us it will be true, accurate, current, and complete and that you will update all personal information as necessary. You also agree that you will use an image of yourself that you are authorized to use for your profile picture. The use of company logos, advertisements, web addresses, contact information, pictures of celebrities or the unauthorized use of images owned by others is prohibited. Company logos may only be used on company profiles in our Company Directory, and may only be posted by authorized representatives of the respective company.

To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided here: legal@pascalvandam.com or contact us. Until we are so notified you will remain liable for any unauthorized use of your account.

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information; any interference with the availability of or access to this Site; or any unauthorized scraping of the Content on this Site is strictly prohibited. We reserve all rights and remedies available to us, including but not limited to the right to terminate your access to this Site.

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

SECTION 2 - OWNERSHIP CONTENT

2.1 Intellectual Property

This Site, including all its Content are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, The Netherlands and other countries. All Content and intellectual property rights therein are the property of PascalvanDam.com or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.

The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.

2.2 Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to Our Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by Us. By providing such Feedback to Us, you acknowledge and agree that it may be used by Us in order to: (i) further develop, customize and improve Our Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which we may use to provide and improve our services, (vi) to enhance our data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to PascalvanDam.com any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.

2.3 User Generated Content

You are responsible for User Generated Content (UGC) that you post. Under no circumstances will we be liable in any way for any UGC. This means that you, not PascalvanDam.com , are entirely responsible for all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.

Because we do not control the UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of PascalvanDam.com or any person or entity associated with PascalvanDam.com.

You own User-Generated Content, but we may use it. You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sub licensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas. PascalvanDam.com and its Partners reserve the right to display advertisements in connection with your UGC and to use your UGC for advertising and promotional purposes.

We may disclose and/or remove User-Generated Content. We may remove or block any UGC at any time without notice at our sole and absolute discretion. We may disclose any UGC and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of PascalvanDam.com or others, or to enforce these Terms of Use; and terminate your access to and use of this Site, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion.

SECTION 3 - PRIVACY

3.1 Privacy Policy

Certain parts of the Our Services (including certain Third Party Services available therein) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the PascalvanDam.com Services, we and such Third Party Services may collect, access and use certain data pertaining to Users, including the activities or navigation undertaken by Users through the PascalvanDam.com Services and/or Platforms. We encourage you to read our Privacy Policy and each such Third Party Services’ relevant policies on a regular basis, for a description of such data collection and use practices.

SECTION 4 – SERVICE FEES & PAYMENTS

4.1 Paid Services

The use of certain PascalvanDam.com Services may be subject to payment of particular fees, as determined by PascalvanDam.com in its sole discretion (“Paid Services” and “Fee(s)”, respectively). PascalvanDam.com will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.

PascalvanDam.com members can elect to upgrade their BASIC account to a Pro, Business, or Elite Account or to purchase another subscription service offered by Us such as advertising. PascalvanDam.com reserves the right to change the fees at any time, upon notice to you. By registering for a Pro, Business, or Elite Account , or other subscription service, you agree to pay PascalvanDam.com the fees for the services applicable to the account level chosen. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate immediately.

All fees are paid in advance and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, refunds for accounts that have had access to particular services restricted, refunds for accounts that have had upgrades canceled for any reason including violations of these Terms, or refunds for months unused. However, if a user upgrades and cancels within 24 hours without using the upgraded services offered to members with a paid subscription, we will offer a full refund minus any applicable cancellation fees. We reserve the right to deactivate your access to the Services for your failure to pay applicable fees or for violations of these Terms. If you provide us with a credit card that expires during the term of these Terms of Service, we reserve the right to charge any renewal card issued to you as a replacement. You agree to promptly pay PascalvanDam.com in the event of any refusal of your credit card issuer to pay any amount to PascalvanDam.com for any reason. You agree to pay all costs of collection, including attorneys’ fees and costs, on any outstanding balance. In the event you fail to pay any amount when due, PascalvanDam.com may immediately suspend or terminate your access to any or all of our services.

PascalvanDam.com reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, PascalvanDam.com shall have the right to automatically and without notice renew your subscription to such PascalvanDam.com Service(s) at the full applicable Fee.

As part of registering or submitting information to receive Paid Services, you also authorize PascalvanDam.com (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries PascalvanDam.com or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

All other purchases made from PascalvanDam.com (including all related website properties, sales over the phone, and live event on-site purchases) are covered by the following Refund Policy.

4.2 Invoices

PascalvanDam.com and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by PascalvanDam.com (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

4.3 Renewals

Your Pro, Business, or Elite Account or other subscription will renew automatically, unless you cancel your subscription (see Cancellation on how to cancel). You must cancel your subscription before the calendar day it renews (the day of the month you are to be charged) to avoid billing of the subscription fees for the renewal term to your credit card. Additionally, we may terminate your subscription for a violation of these Terms.

4.4 Cancellation

You may cancel your subscription(s) at any time by sending an e-mail to payments@pascalvandam.com

4.5 Chargebacks

If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your PascalvanDam.com account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the PascalvanDam.com Services may be automatically disabled or terminated.

In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any applications and Third Party Services may be subject to cancellation and Capacity or Data Loss.

Your use of the PascalvanDam.com's Services will not resume until you re-subscribe for any such PascalvanDam.com Services, and pay any applicable Fees in full, including any fees and expenses incurred by PascalvanDam.com and/or any Third Party Services for each Chargeback received (including Fees for PascalvanDam.com Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

If you have any questions or concerns regarding a payment made to PascalvanDam.com, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the PascalvanDam.com Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the PascalvanDam.com Services purchased (and charged-back) by you. Contact us at support@pascalvandam.com

We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

4.6 Loss of Data, Content and Capacity

If your User Account or any PascalvanDam.com Services or Third Party Services related to your User Account are cancelled (whether at your request or at PascalvanDam.com discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, Data or other usage data retained therein, and including any reservation or registration that was included in such Services (“Capacity Loss”). PascalvanDam.com shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account or User Content .Please also note that additional Fees may apply to re-activation of a User Account.and/or any PascalvanDam.com Services following their cancellation, as determined by PascalvanDam.com in its sole discretion.

SECTION 5 – DISCLAIMER OF WARRANTIES

We provide the PascalvanDam.com Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the PascalvanDam.com Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the PascalvanDam.com Services – so please be sure to verify those before using or otherwise engaging them.

PascalvanDam.com may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.

Notwithstanding anything to the contrary in the foregoing, in no circumstances may PascalvanDam.com be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the PascalvanDam.com Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, PascalvanDam.com shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

You acknowledge that there are risks in using the PascalvanDam.com Services and/or connecting and/or dealing with any Third Party Services through or in connection with PascalvanDam.com Services, and that PascalvanDam.com cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.

PascalvanDam.com does not recommend the use of the PascalvanDam.com Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.

Please note that certain PascalvanDam.com Services are currently offered in their BETA version, and undergoing BETA testing. You understand and agree that certain PascalvanDam.com Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the PascalvanDam.com Services at this BETA stage signifies your agreement to participate in such PascalvanDam.com Services’ BETA testing.

SECTION 6 – LIMITATION OF LIABILITY

To the fullest extent permitted by law in each applicable jurisdiction, PascalvanDam.com, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the PascalvanDam.com Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the PascalvanDam.com Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the PascalvanDam.com Services; (6) events beyond the reasonable control of PascalvanDam.com, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of PascalvanDam.com Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for PascalvanDam.com' Services to you, and such limitations will apply even if PascalvanDam.com has been advised of the possibility of such liabilities.

SECTION 7 – INDEMNITY

You agree to defend, indemnify and hold harmless PascalvanDam.com , its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other PascalvanDam.com Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the PascalvanDam.com Services, including, without limitation, PascalvanDam.com Services’ actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

SECTION 8 – GENERAL

8.1 Changes & Updates

PascalvanDam.com reserves the right to change, suspend or terminate any of the PascalvanDam.com Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the PascalvanDam.com Services (including removal of any materials created by you in connection with the PascalvanDam.com Services) for any reason and/or change any of the PascalvanDam.com Terms with or without prior notice - at any time and in any manner.

You agree that PascalvanDam.com will not be liable to you or to any third party for any modification, suspension or discontinuance of those PascalvanDam.com Services. If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account, continue to support your then-current PascalvanDam.com Services without enabling such changes, or provide you with alternative Services.

8.2 Governing Law & Jurisdiction; Class Action Waiver

PascalvanDam.com Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the PascalvanDam.com Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the PascalvanDam.com Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of The Netherlands, without respect to its conflict of laws principles.

Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in The Netherlands. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

Subject to any applicable law, all disputes between you and PascalvanDam.com shall only be resolved on an individual basis and you shall not have the right to bring any claim against PascalvanDam.com as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).

8.3 Notices

We may provide you with notices in any of the following methods: (1) via the PascalvanDam.com Services, including by a banner or pop-up within the PascalvanDam.com Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. PascalvanDam.com's notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

8.4 Relationship

The PascalvanDam.com Terms, and your use of the PascalvanDam.com Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between PascalvanDam.com and you.

8.5 Entire Agreement

These Terms of Use, together with the PascalvanDam.com Terms and any other legal or fee notices provided to you by PascalvanDam.com, shall constitute the entire agreement between you and PascalvanDam.com concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between PascalvanDam.com and you, including those made by or between any of our respective representatives, with respect to any of the PascalvanDam.com Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of PascalvanDam.com in entering into any of the PascalvanDam.com Terms.

8.6 Assignment

PascalvanDam.com may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the PascalvanDam.com Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of PascalvanDam.com. Any attempted or actual assignment thereof without PascalvanDam.com's prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎shall not in itself grant either PascalvanDam.com or you the right to cancel any PascalvanDam.com Services or Third Party Services then in effect.

8.7 Severability & Waivers

If any provision of the PascalvanDam.com Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the PascalvanDam.com Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

8.8 Contact Us

If you have any questions about this Terms of Use , please contact us at:

legal@pascalvandam.com or visit our contact us page

To get in touch with our Customer Service - please use any of the options listed below:

Go to PascalvanDam.com support center which is available at: Contact Us
Send an email message to: support@pascalvandam.com
Start a chat session.