General terms and conditions Koninklijke Boom uitgevers (consumers)

Article 1 – Definitions

In these General Terms and Conditions, the following definitions shall apply:

AI Service A Digital Service of Boom uitgevers which, using artificial intelligence and any additional techniques, provides functionalities for processing, analysing or generating information based on Digital Content and/or public sources and AI Input.

AI Input All data, texts, questions, prompts, selections of Digital Content and other information entered or caused to be entered by the Customer via an AI Service.

AI Output All texts, images, suggestions, summaries, explanations, questions, answers and other results generated by an AI Service based on the AI Input.

Subscription An Agreement whereby Boom uitgevers undertakes to provide Content and/or a Service to the Customer periodically during the subscription period, until regular termination by the Customer or termination by Boom uitgevers. A Subscription may also consist of an additional Service provided in combination with a Digital Service.

Content All works and other material, in whatever form, whether or not digital, published by Boom uitgevers or third parties and sold or otherwise made available by Boom uitgevers, including but not limited to books, e-books, journals, articles, calendars, tests, questionnaires, learning materials, courses, examinations and databases.

Credits Credits supplied by Boom uitgevers to the Customer against payment, which enable the Customer to use Digital Services.

Service A service offered by Boom uitgevers and performed by Boom uitgevers on behalf of and/or for the benefit of the Customer, including but not limited to a Digital Service and an Event. 

Digital Content All Content made available in digital form, including Content provided as a digital copy (download) or made available through a Digital Service (licence).

Digital Service Service whereby Boom uitgevers provides the Customer with access to Digital Content via an electronic communications network and/or software, available online or offline, via a website, app or otherwise, and provides possible additional functionalities.

Event A training course, course, workshop, seminar, teachers’ day or comparable service.

User A natural person who, pursuant to the Agreement or these General Terms and Conditions, is entitled to use a Digital Service.

Customer The natural person not acting for purposes relating to his or her trade, business, craft or profession who enters into an Agreement with Boom uitgevers, also referred to as a consumer.

Agreement The agreement between Boom uitgevers and the Customer relating to the sale or provision of Content and/or a Service in whatever form and by whatever means.

Token / Access Code A means of verification whereby Boom uitgevers provides the Customer with a unique numerical or alphanumerical code enabling the Customer to access Digital Services.

Thuiswinkel Terms and Conditions The General Terms and Conditions of Thuiswinkel.org.

Terms and Conditions These General Terms and Conditions and the Thuiswinkel Terms and Conditions.

Article 2 – Identity of Boom uitgevers

Koninklijke Boom uitgevers B.V., Stationsweg 66, 7941 HG Meppel, The Netherlands, www.boom.nl

Koninklijke Boom uitgevers B.V. and its subsidiaries:

• Boom uitgevers Amsterdam B.V., Prinsengracht 747–751, 1017 JX Amsterdam

• Boom uitgevers Den Haag B.V., Hofweg 9d, 2511 AA Den Haag

• Boom Beroepsonderwijs B.V., Stationsweg 66, 7941 HG Meppel

• Boom Voortgezet Onderwijs B.V., Stationsweg 66, 7941 HG Meppel

• Lemion B.V., Prinsengracht 747–751, 1017 JX Amsterdam

Article 3 – Applicability and amendment of the Terms and Conditions

1. These Terms and Conditions apply to all Agreements between Boom uitgevers and the Customer. The Terms and Conditions are easily accessible electronically via the websites of Boom uitgevers and will be sent free of charge without delay upon request. In the event of any inconsistency between a provision of the Thuiswinkel Terms and Conditions and a provision of these Terms and Conditions, the provisions of Article 3(4) of the Thuiswinkel Terms and Conditions shall apply, and the Customer may invoke the provision that is most favourable to him or her.

2. Any terms and conditions used by the Customer are expressly rejected by Boom uitgevers and do not form part of the Agreement, unless Boom uitgevers has expressly accepted such terms and conditions in writing.

3. Boom uitgevers is entitled to amend these Terms and Conditions. Amendments also apply to existing Agreements. Boom uitgevers shall announce amendments prior to their entry into force, for example via its website and/or newsletters. The amended Terms and Conditions shall enter into force two weeks after announcement, or at a later date as specified in the announcement. The Customer is entitled to terminate the Agreement as of the date on which the amended Terms and Conditions enter into force.

Article 4 – Invoicing and payment

1. Payment by the Customer must be made no later than fourteen (14) days after the moment the Agreement is concluded, to the bank and/or giro account designated by Boom uitgevers, unless payment has been made in advance via credit card, iDEAL or another payment method permitted by Boom uitgevers.

2. Boom uitgevers is entitled to suspend fulfilment of its obligations to deliver Content or Services to the Customer for as long as the Customer has not fulfilled its payment obligations relating to the relevant Content or Services.

Article 5 – Delivery and risk

1. Delivery of Content and, where applicable, hardware shall take place by:

   • delivery of the physical carrier on which the Content is contained to the address specified by the Customer; or

   • online provision, possibly via a personal Token or other means of verification, in the case of Digital Content.

2. From the moment of delivery of the Content or movable property, the risk of loss or damage rests with the Customer.

3. Boom uitgevers retains ownership of all movable property delivered to the Customer until the Customer has fully complied with all its obligations towards Boom uitgevers under the Agreement.

Article 6 – Access Codes, Credits and Tokens

1. An Access Code or Token is strictly personal. The Customer shall treat the Access Code or Token as strictly personal and confidential. The Customer is not permitted to state the Access Code or Token in publicly accessible places or to provide it to multiple persons or to third parties, unless such provision has been expressly permitted in writing by Boom uitgevers. If the Customer knows or reasonably should know that unauthorised third parties may have access to the Access Code or Token, the Customer shall notify Boom uitgevers thereof without delay.

2. When purchasing certain Digital Services, including tests, the Customer is in some cases required to use Tokens and Credits. Tokens are ordered and paid for by the Customer and entitle the Customer to receive Credits. Credits can be entered online to obtain access to Content.

3. A Token is issued only once and may only be used by the person or persons authorised to do so pursuant to the Agreement and/or written instructions of Boom uitgevers.

4. A Token is valid for one year after its issuance by Boom uitgevers. Within this period, the Customer may activate the Credits purchased using the Tokens.

5. Credits are valid for a period of five years from the date on which they are obtained by redemption of the corresponding Token. Credits must be used within the stated validity period.

6. The Customer forfeits any entitlement to Tokens or Credits that are not redeemed or used within the applicable validity period.

Article 7 – Subscriptions

1. Unless expressly stated otherwise, subscriptions offered by Boom uitgevers are entered into for a term of one year. The Customer may terminate the subscription at any time towards the end of this term, subject to a notice period of one month.

2. After expiry of the initial term, the subscription shall be tacitly extended for an indefinite period. The Customer may then terminate the subscription at any time, subject to a notice period of one month.

3. Termination must be effected in writing or by email and must be addressed to the entity with which the subscription was entered into. Address and contact details can be found at: https://www.boom.nl/klantenservice/contact

Article 8 – Events

1. Registration for an Event shall take place in writing. Registrations for an Event that takes place solely in physical form shall be processed in order of payment following registration. The costs of participation in an Event must be paid in advance, unless otherwise stated for the relevant Event.

2. The cancellation conditions specified for the relevant Event shall apply. If no cancellation conditions are stated for the Event, Boom uitgevers shall charge fifty per cent (50%) of the participation costs if cancellation by the Customer takes place no later than one month before the start of the Event. In the event of cancellation less than one month before the start of the Event, the full participation costs shall be charged. Cancellation must be made in writing.

3. If the Customer is unable to attend the Event, the Customer may allow a substitute to participate in the Event free of charge. If the Event is offered both physically and online, the Customer may also exchange physical participation for online participation. This exchange is free of charge and without refund of any difference in price between physical and online participation. Exchanging online participation for physical participation is only possible if capacity is available and upon payment of the difference in price. Boom uitgevers reserves the right to replace announced lecturers or speakers and/or to change the date or time of an Event. In such cases, Boom uitgevers shall inform the Customer in a timely manner.

4. Boom uitgevers applies a minimum number of participants for each Event. If this minimum is not reached, Boom uitgevers is entitled to cancel the Event due to insufficient participation no later than two working days before commencement, without being liable for any compensation. Boom uitgevers may also cancel an Event due to the absence of a lecturer or for any other reason preventing the Event from taking place, without being liable for any compensation. Cancellation shall be made in writing and any fees already paid shall be refunded within three weeks.

5. Course materials are provided exclusively for personal use or for use within the Customer’s organisation and may under no circumstances be used commercially. The Customer is not permitted to alter or remove, or cause to be altered or removed, indications of the trade name of Boom uitgevers or other indications of the origin of the course materials.

6. In the case of an online Event where the Customer has access via a personal viewing link, this link is personal and may not be shared with others, unless it concerns a substitute as referred to in paragraph 3 of this Article.

Article 9 – Intellectual Property Rights

1. All intellectual property rights, including but not limited to copyright, neighbouring rights, database rights, design rights, trademark rights, trade name rights, patent rights and other intellectual property rights, as well as all related know-how, in and relating to the Content and/or Services vest exclusively in Boom uitgevers or its licensors.

2. The Customer is not permitted to reproduce, store in an automated data file and/or disclose to the public, in whole or in part and in any manner whatsoever, the Content and/or Services provided by Boom uitgevers, or the results generated through the use of the Content and/or Services, unless and insofar as this is permitted under the Agreement, these Terms and Conditions or mandatory law, or with the prior written consent of Boom uitgevers.

3. Use of the Content and/or Services for the benefit of (generative) artificial intelligence and/or language models of the Customer or third parties (other than an AI Service of Boom uitgevers), including but not limited to using or having the Content and/or Services used as training data, fine-tuning data or evaluation data, is not permitted, unless such use is permitted by law, these Terms and Conditions or with the prior written consent of Boom uitgevers. Use of Content and/or Services for or in connection with an AI Service provided by Boom uitgevers itself is permitted only within the limits of the applicable terms and conditions, including but not limited to those set out in Articles 10, 12 and 12a.

4. Nothing in the Agreement or these Terms and Conditions shall be construed as a transfer of any intellectual property rights in or relating to the Content and/or Services.

Article 10 – Right of Use of Digital Content

1. All intellectual property rights as referred to in Article 9(1) in and relating to Digital Content vest in Boom uitgevers or its licensor(s). The Customer is granted solely a non-exclusive, non-transferable and non-sublicensable right of use with respect to the Digital Content delivered and any software required for its use.

2. The right of use referred to in paragraph 1 is granted for the duration of the Agreement between Boom uitgevers and the Customer. Unless Boom uitgevers expressly specifies otherwise in writing, the duration of the right of use is one year. In the case of the purchase of e-books, Boom uitgevers grants the Customer a licence for a period of ten (10) years.

3. Unless expressly stated otherwise, Digital Content may only be consulted and used for the Customer’s own personal and non-commercial use.

4. The Customer is not permitted to edit, reproduce, disclose, lend, make available to third parties or otherwise use the Digital Content in any manner that exceeds the scope of the right of use granted under these Terms and Conditions, except insofar as such acts are permitted under the Dutch Copyright Act (Auteurswet). The right of use may only be exercised by Users. If the Agreement does not specify who and how many Users are authorised, the right of use may only be exercised by one (1) User.

5. Boom uitgevers or its licensor(s) may take technical measures to protect their intellectual property rights. The Customer is not permitted to remove or circumvent such security measures.

6. Boom uitgevers or its licensor(s) may, insofar as reasonably necessary for the enforcement of their intellectual property rights, impose temporary or permanent restrictions on the scope of the right of use or on the number or type of devices on which the Digital Content may be accessed.

7. If the Customer acts in breach of this Article 10, Boom uitgevers is entitled to suspend access to the relevant Digital Content or to the Customer’s account with immediate effect, without prejudice to Boom uitgevers’ right to recover from the Customer any damage suffered as a result of or in connection with such breach, including any costs incurred, unless such suspension is not justified in view of the nature of the Customer’s conduct.

Article 11 – Digital Content on a Physical Medium

1. The Customer is not permitted to place Digital Content made available on a physical medium into circulation, for example by selling, offering for sale, renting or lending copies online.

2. Insofar as an appeal can be made to exhaustion of copyright within the meaning of Article 12b of the Dutch Copyright Act (Auteurswet), the Customer is, by way of exception to paragraph 1, only entitled to place the copy obtained into circulation if:

   • the Customer has obtained a right of use for an indefinite period from Boom uitgevers for the relevant copy;

   • the Customer has paid Boom uitgevers a price corresponding to the economic value of the copy; and

   • the Customer transfers both the licence of use and the copy itself and renders its own copy unusable and can demonstrate this.

3. Rental and lending of Digital Content by the Customer is not permitted under any circumstances.

Article 12 – Use of Digital Services

1. Boom uitgevers shall make reasonable efforts to ensure optimal availability of the Digital Services.

2. Insofar as additional technology or software of third parties is required for the use of Digital Services and Boom uitgevers does not provide such technology or software as an integrated part of a Digital Service, Boom uitgevers shall inform the Customer thereof and clearly indicate that the Customer must obtain a right of use under the applicable terms and conditions of such third party or parties.

3. The Customer is required to provide his or her own name when creating accounts for the use of Digital Services. The use of aliases is not permitted. If the Customer suspects that someone else is using his or her account, the Customer shall notify Boom uitgevers thereof without delay.

4. The Customer is not permitted to make Digital Services available for use by any third party, unless Boom uitgevers has given prior written consent.

5. The Customer shall, at its own expense and risk, provide the equipment, software and other facilities (including data communication facilities) required to use the Digital Services. The Customer is responsible for adequate security and virus protection of its computer systems.

6. The Customer is not permitted to integrate or merge, in whole or in part, software used in connection with Digital Services into or with software not provided by Boom uitgevers, unless Boom uitgevers has expressly given prior written consent.

7. Decompilation, reverse engineering or any form of translation or modification of software is not permitted, unless and solely insofar as such acts are fully permitted under the Dutch Copyright Act (Auteurswet).

8. It is not permitted to upload viruses or other malicious code, to hack, to send spam, or to carry out denial-of-service (DDoS) attacks.

9. If the Customer is able to add its own content to a Digital Service, the Customer shall be exclusively responsible for such content placed by it within the Digital Services. The Customer warrants that it is authorised to place such content and that it does not infringe any rights of third parties. The Customer indemnifies Boom uitgevers against any claims by third parties in this regard. Boom uitgevers cannot be held liable for the incompleteness or inaccuracy of content placed by the Customer.

10. It is not permitted to place content that is criminal, unlawful, hateful, threatening or pornographic, or that infringes the privacy of others. Conduct contrary to generally accepted standards and values, such as inappropriate and offensive language, racism, prejudice, bullying and intimidation, is not permitted.

11. If the Customer acts in breach of this Article 12 and/or Article 12a, Boom uitgevers is entitled to remove content placed by the Customer and to suspend access to the Customer’s account for Digital Services with immediate effect, without prejudice to Boom uitgevers’ right to recover from the Customer any damage suffered as a result of or in connection with such breach, including any costs incurred, unless this is not permitted by law in view of the nature of the Customer’s conduct.

Article 12a – Use of an AI Service

1. All provisions of these Terms and Conditions that apply to the use of Content or Digital Services apply in full to the use of an AI Service of Boom uitgevers. This Article 12a contains additional and more specific conditions for the use of an AI Service. In the event of any inconsistency between the provisions of this Article 12a and other provisions of these Terms and Conditions, the provisions of this Article 12a shall prevail.

2. The Customer acknowledges that when using an AI Service of Boom uitgevers, communication takes place with an automated system that partly uses (generative) artificial intelligence and that AI Output is generated without prior review of individual results by an employee of Boom uitgevers.

3. The Customer acknowledges that an AI Service operates on the basis of complex algorithms and machine learning techniques and may generate incorrect, incomplete or inappropriate information. Boom uitgevers does not guarantee that AI Output is correct, complete or suitable for the Customer’s intended purpose. The Customer shall verify AI Output for accuracy, completeness, timeliness and potential bias prior to use.

4. AI Output is provided for informational and supportive purposes only and does not constitute legal, tax, medical, educational, human resources, compliance or other professional advice. AI Output does not constitute a binding explanation, commitment or advice of Boom uitgevers.

5. The Customer remains fully responsible for the assessment and use of AI Output and for any decisions or actions taken on the basis thereof. The Customer shall not take important decisions, sit examinations or perform other acts with significant legal, financial, medical or comparable consequences solely on the basis of AI Output without additional verification or expert advice.

6. The Customer is responsible for the AI Input entered into the AI Service. The Customer should preferably refrain from using personal data in the AI Service. In any event, the Customer is not permitted to enter special categories of personal data within the meaning of the GDPR (such as health data or data relating to racial or ethnic origin, religious or philosophical beliefs) or other sensitive or confidential information relating to itself or third parties.

7. The Customer shall limit AI Input to information that is necessary for the use of the AI Service and that the Customer is authorised to use. AI Input must not infringe the rights of third parties and must not be unlawful, discriminatory, hateful or otherwise contrary to law or these Terms and Conditions.

8. The Customer is not permitted to deploy or use an AI Service in a manner prohibited by law, including but not limited to:
   a. applying techniques intended to covertly or unfairly influence or mislead others, materially impairing their ability to make an informed decision;
   b. generating or manipulating image, audio or video material using an AI Service with the aim of misleading others about its authenticity (“deepfakes”) or using such material in a way that creates a false impression of reality without clearly indicating that the material has been edited or generated.

9. AI Output may only be used for the Customer’s own personal and non-commercial use and within the limits of the right of use granted under these Terms and Conditions. In any event, the Customer is not permitted to:
   a. trade, license or otherwise commercially exploit AI Output as a separate product or service, in substantial quantities and/or largely unmodified form;
   b. systematically or on a large scale reproduce or distribute AI Output to third parties in a manner amounting to (re)publishing or making available the Content or an AI Service of Boom uitgevers;
   c. use AI Output as a dataset or input for the development, training or retraining of (generative) artificial intelligence or language models of the Customer or third parties;
   d. combine AI Output with or incorporate it into a service primarily aimed at replacing the functionality of an AI Service or Digital Content of Boom uitgevers.

10. Boom uitgevers is entitled to process aggregated, anonymised or pseudonymised data resulting from the use of an AI Service for the purposes of maintenance, security and improvement of its Services, insofar as permitted under applicable law and as described in the privacy statement of Boom uitgevers.

11. Boom uitgevers endeavours to develop and offer AI Services in accordance with applicable laws and regulations, including, where applicable, the AI Act, and takes appropriate measures in the areas of transparency, data protection, security and monitoring. This does not affect the mandatory statutory rights of the Customer as a consumer.

12. To the extent permitted by law, Boom uitgevers shall not be liable for damage arising from or related to the use of an AI Service or AI Output, without prejudice to the mandatory statutory rights of the Customer as a consumer.

Article 13 – Privacy

1. Boom uitgevers processes personal data in the context of providing Content and Services. Personal data are processed in accordance with applicable laws and regulations, including the General Data Protection Regulation (GDPR), and as described in the privacy statement of Boom uitgevers.

2. Boom uitgevers may, in the context of the customer relationship, process personal data of employees or other persons under the direct authority of the Customer. The Customer shall ensure that such persons are informed of this processing.

3. Insofar as Boom uitgevers processes personal data in the capacity of processor on behalf of the Customer as controller within the meaning of the GDPR, the parties shall enter into a data processing agreement. This data processing agreement forms an integral part of the Agreement.

Article 14 – Termination of the Agreement

1. Boom uitgevers may terminate the Agreement in whole or in part with immediate effect in writing, without being liable for any compensation, if:

   • the Customer fails to fulfil the Agreement and these Terms and Conditions after Boom uitgevers has given written notice of default (including by email) and the Customer has been granted a reasonable period to remedy the failure, unless performance is permanently or temporarily impossible or a remedy period cannot reasonably be required;

   • the Customer, after a prior written warning, repeatedly acts in breach of material obligations under the Agreement and/or these Terms and Conditions;

   • the Customer commits a material infringement of any intellectual property right relating to the Content;

   • an application for bankruptcy is filed in respect of the Customer;

   • the statutory debt restructuring scheme for natural persons (Wet schuldsanering natuurlijke personen) is declared applicable to the Customer.

2. The foregoing does not affect the right to terminate the Agreement on statutory grounds.

3. Upon termination of the Agreement, all payments owed by the Customer to Boom uitgevers for Content and/or Services delivered up to the end of the Agreement shall become immediately due and payable in full. Prepaid amounts for periods or Content and/or Services not yet delivered shall be refunded pro rata, insofar as the Customer has not yet exercised a right of use or access.

4. Termination of the Agreement results in the immediate termination of the Customer’s rights to use the Services. Rights of use previously granted for Digital Content paid for by the Customer shall end only insofar as and for as long as this is justified and proportionate in view of the nature and seriousness of the breach, in particular material infringement of intellectual property rights, fraud or abuse.