1. E-Learning Services
1.1 – The access and use of our e-learning cloud based web services and application enabling access to on-line courses, notably without limitation in the fields of digital business and digital marketing accessible at http://www.learning-7.com, and any other services available at the same URL address (together the “E-Learning Services”) are provided by LEARNING7 – 43, route des Acacias, 1227 Geneva, Switzerland (“LEARNING7”).
1.2 – Any access and use of and the provision of the E-Learning Services are subject to these Terms and Conditions of Use of the E-Learning Services set out below, as may be amended from time to time (the “TCoU”). Anyone who accesses, browses and/or uses the E-Learning Services through whatever platform acknowledges to have read, understood and agreed to these TCoU.
1.3 – The E-Learning Services may contain links to third party platforms maintained by other content providers. We hereby disclaim any representations and warranties regarding the content or accuracy of materials on such third-party platforms.
1.4 – The TCoU may be amended from time to time and such amendments shall be notified to visitors on the Platform or, if you are a User (as defined in Section 2.1), via the email address you provided to us. By continued use of the Platform and/or the E-Learning Services after any amendment of the TCoU, you agree to be bound by any such amendment.
2.1 – Certain E-Learning Services and sections of it require registration and sign-in before they can be accessed and/or used. Provided you have unrestricted legal capacity, you may register on the Platform in order to create a personal and password protected account (the “Account”) and become a registered user as “Super Administrator”, “Administrator”, or “Normal User” (together the “Users”).
2.2 – Users warrant that all information provided to us in the registration process or otherwise is true and accurate. Users shall keep such information up to date at any time.
2.3 – Any User, e.g. a Super Administrator, who creates and/or uses an Account for a company or any other legal entity represents and warrants that (i) he/she is the rightful representative of this company or other legal entity with signature right or is otherwise duly authorized to create such Account; and (ii) he/she is fully authorized to use such Account, in particular to publish information on behalf of such company or other legal entity.
2.4 – As a User, you agree to keep your login and password confidential. You acknowledge that you are fully responsible for the use that is made of your Account, including any third party use irrespective of whether you authorized such use or not. You shall be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.
2.5 – We reserve the right to temporarily or permanently disable any passwords, login details (including access to your Account) and to cancel your Account, at any time without notice and without any compensation, for any reason whatsoever.
3. User Content
3.1 – Users registering for the E-Learning Services are granted the possibility to post on, transmit through, or link from the E-Learning Services text, files, images, photos, video, sounds, or other materials (the “User Content”), relating without limitation to their User profile, their personal notes on the E-Learning Services, their bookmarks, their successful certifications.
3.2 – You understand and agree that all User Content posted on, transmitted through, or linked from the E-Learning Services, is the sole responsibility of the User from whom such User Content originates. We have no liability related to the User Content, whether arising under intellectual property laws, libel, privacy, obscenity, or otherwise.
3.3 – You represent and warrant that your User Content: (a) shall not infringe any intellectual property right, or other proprietary right or right of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or trade libelous; (d) shall not be obscene or contain pornography; (e) shall not include incomplete, false or inaccurate information about yourself or any information about any other individual, company or other legal entity; (f) shall not be inadequate or inadequate language; and (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
3.4 – We reserve the right (but not the obligation) to take any action with respect to the User Content, if we believe that it may create liability for us or may cause us to lose the services of our Internet service providers or other suppliers and/or providers.
3.5 – We cannot, nor do we undertake any obligation to, control the User Content. By its very nature, the information in the User Content is changed frequently, may be inaccurate and in some cases may be mislabeled or deceptively labeled. We do not make any representation or warranty, express or implied, as to the accuracy, timeliness, or completeness of such information, nor do we undertake to verify, update or correct such information. We also do not make any representation or warranty, express or implied, regarding any User Content. We reserve the right to adjust, refuse or remove any User Content at our sole discretion, in particular to comply with any applicable law.
4. Restriction of permitted use
4.1 – You are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce (e.g. without limitation screencast, offer to podcast, or broadcast) any User Content, information of other Users, software, products or content of the E-Learning Services for any purpose not permitted under these TCoU.
4.2 – You represent and warrant that your use of the E-Learning Services does and will not infringe upon any third party rights.
5. Intellectual property
5.1 – Without prejudice to Section 5.2 below, we own the copyright and all intellectual property rights on content published on or through the E-Learning Services or have acquired an appropriate consent or license from our suppliers and/or providers to publish such content on or for the provision of our E-Learning Services. We or our suppliers and/or providers, where applicable, exclusively retain ownership of all rights, title and interest in connection with the E-Learning Services.
5.2 – You or your licensors retain ownership of all rights, title and interest to your User Content. To the extent that any intellectual property rights, in particular copyright, exist or arise in connection with your User Content, you hereby grant us a worldwide, free of charge, exclusive, perpetual and non-revocable license to use User Content in connection with the E-Learning Services.
5.3 – If you think that the provision of any content of the E-Learning Services infringes any copyright or other intellectual property right, you may at all times contact us at email@example.com and ask us to remove such content from the E-Learning Services.
6. Privacy and data protection
7. License fees and payment modalities
7.1 – For any User, e.g. a Super Administrator, who creates and/or uses an Account for or within a company or any other legal entity, the license fees and payment modalities of the E-Learning Services will be set forth in a separate E-Learning Service Agreement.
7.2 – For all other Users, the license fees and payment modalities of the E-Learning Services are described at http://www.learning-7.com
8. No warranties and liability
8.1 – You agree that your access and use of the E-Learning Services shall be at your sole risk and liability. You acknowledge that the content of the E-Learning Services is provided to you “as is” and “as available”, and that to the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, in connection with the E-Learning Services and your access and use thereof.
8.2 – Furthermore, we make no warranties or representations about and bear, unless fraudulent intent or gross negligence, no liability for (i) the accuracy or completeness of the content of the E-Learning Services, notably User Content, including but not limited to any errors, mistakes, inaccuracies of content, as well as its timely and proper delivery; (ii) limitations; (iii) personal injury; or (iv) property damage, of any nature whatsoever resulting from (a) your access or use of the E-Learning Services; (b) any unauthorized access or use of any and all data, personal information and/or financial information stored through or on the E-Learning Services; (c) any interruption or cessation of transmission to or from the E-Learning Services; (d) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the E-Learning Services by any third party; (e) any errors or omissions in any content; (f) or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, published, uploaded, linked from, or otherwise made available via the E-Learning Services.
8.3 – To the extent permitted under applicable law, we waive all liability for any direct, indirect, consequential or special losses or damages of any kind whatsoever, arising from, or in connection with, the access and use of the E-Learning Services, including authorized or unauthorized third party use of Accounts, or any reliance on any of the content, notably User Content, provided on or otherwise in connection with our E-Learning Services.
9. Suspension and termination of use
You agree that we may, at our sole discretion, suspend or terminate your access and/or use to all or part of the E-Learning Services with or without notice and for any reason, including, without limitation, breach of these TCoU. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to access and/or use the E-Learning Services will immediately cease, and subject to applicable law, we reserve the right to remove or delete any information and/or content, in particular User Content, that you may have registered in our file, including any Account or login information.
If any provision of these TCoU is or becomes invalid, unenforceable or non-binding, this shall not affect any other provision thereof. In such event, such invalid, unenforceable or non-binding provision shall nonetheless be enforced to the fullest extent permitted under applicable law, insofar as the invalid, unenforceable or non-binding provision shall be replaced by a valid, enforceable and binding provision reflecting to the greatest extent possible the intent of the original provision.
If you have any questions regarding the E-Learning Services, or the TCoU please contact us at firstname.lastname@example.org
12. Governing law and jurisdiction
12.1 – These Terms and the provision of our E-Learning Services are construed in accordance with, and shall be governed by the substantive laws of Switzerland, without regards to principles of conflicts of laws thereof.
12.2 – Any controversy, claim or dispute arising out of or in relation with these TCoU and the provision of our E-Learning Services shall be subject to the exclusive jurisdiction of the courts of Geneva, Switzerland subject to an appeal to the Swiss Supreme Court.