Terms and conditions

1. Who we are

These terms are those of Icares B.V., based at Schimmelt 26, 5611 ZX Eindhoven in the Netherlands, registered with the Chamber of Commerce under number 18086033. Referred to below as Icares.

2. When they apply

These terms apply to every quote, assignment and agreement between Icares and a client, and to the use of our website and tools. Different arrangements only apply if we have recorded them in writing.

We expressly reject the client's own terms, unless we have accepted them in writing.

3. Quotes

Quotes are without obligation and valid for thirty days, unless stated otherwise. Prices exclude VAT unless stated. An agreement comes about as soon as the client accepts the quote in writing or we begin the work.

4. What we deliver

Icares provides access to online tools for study choice and career guidance, including Icares Quest, Icares Professional and Icares Study, and the services agreed alongside them.

The outcomes of our tests are aids to a conversation. They are not advice on which a choice can be based on its own, and they are not a medical, psychological or occupational assessment. The counsellor remains responsible for the conclusions they draw from them.

5. Access and accounts

The client receives accounts for the agreed number of users. The client makes sure login details are kept carefully and are not shared with others. If the client suspects misuse, they report it immediately.

Icares may temporarily block access in case of misuse, a security risk, or if the client does not pay after a reminder.

6. What the client may not do

• copy, resell or supply the tools or test content to third parties;
• read out or reuse data from the platform on a large scale;
• circumvent the security or overload the service;
• use the tools for a purpose other than agreed.

7. Prices and payment

Payment takes place within thirty days of the invoice date. In case of late payment the client owes statutory commercial interest and collection costs may be charged.

Icares may adjust prices annually. We announce an increase at least two months in advance. If the client does not agree, they may terminate the agreement as of the date the increase takes effect.

8. Term and termination

An agreement runs for one year and is then tacitly extended by a year, unless one of the parties gives written notice one month before the end.

9. Availability and maintenance

We do our best to keep the tools available, but we do not guarantee uninterrupted operation. The service may be temporarily unavailable for maintenance. We announce planned maintenance in advance and schedule it outside office hours as far as possible.

10. Personal data

If Icares processes personal data on the client's instructions, for example about pupils or clients, then the client is the controller and Icares is the processor. We sign a data processing agreement for that.

How we handle data through this website is set out in the privacy statement.

11. Intellectual property

All rights to the tools, test content, reports, texts and design belong to Icares or to our licensors. The client receives a right of use for the term of the agreement, which is not transferable.

The client may freely use the outcome of an individual test within their own guidance work.

12. Liability

Our liability is limited to the amount the client paid in the twelve months before the event causing the damage. If our liability insurance pays out, our liability is limited to that amount. We are not liable for indirect damage, including lost profit and consequential loss.

These limitations do not apply in case of intent or deliberate recklessness on the part of Icares.

13. Force majeure

In case of force majeure we may suspend performance. If the force majeure lasts longer than two months, either party may end the agreement without compensation.

14. Changes

Icares may change these terms. We announce changes at least a month in advance. If the client does not agree with a substantial change, they may terminate as of the date it takes effect.

15. Complaints

Report complaints within thirty days through our contact page. We reply within fourteen days and look for a solution together.

16. Applicable law

Dutch law applies to our agreements. We bring disputes before the competent court of the Oost-Brabant district court, unless the law prescribes otherwise.