USERS TERMS & CONDITIONS – TRAINING MATERIALS

 

1. About Us.

1.1 Company Details. Acer Europe SA (company number CHE109.474.698) (referred to as "we", "us", and "our") is a company registered in Switzerland with our registered office at via della Posta 28, 6934 Bioggio Switzerland.

1.2 Contacting Us. To contact us, email us at eu.academy@aceremail.com

2.  About You.

2.1 User(s) (referred to as "you", and "your")  means the individuals, designated by us, who will access and use the training materials uploaded by us on the Eurekos Learning Management Platform (the Materials) (the Platform).

2.2. User Account. Subject to these terms and conditions (the Terms), we provide you with a user account accessible by way of a user-ID and a password in order to access and use the training materials uploaded by us on the Platform. These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade custom, practice or course of dealing.

2.2 Entire Agreement. These Terms are the entire agreement between you and us in relation to its subject matter (the Contract). You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

2.2 Language. These Terms and the Contract are made only in the English.

3. Platform Usage.

3.1 License Grant. We grant you a non-exclusive, non-transferable license to use the Platform in accordance with these Terms for the purpose of delivering training services to your designated users.

3.2 Access and Security. You are responsible for maintaining the confidentiality of all user IDs and passwords and for ensuring that each user ID and password is used only by the authorized user. You are also responsible for all activities that occur under your account.

3.3 User Obligations. Users are required to use the Platform in a manner consistent with any and all applicable laws and regulations and with these Terms.

3.4 Data Integrity. You are responsible for the accuracy, integrity, legality, reliability, and appropriateness of all data you enter into the platform.

4. Intellectual Property.

4.1 Ownership. All intellectual property rights in the Platform and in any training materials provided by us remain with us or our licensors. You are granted a license to use these materials as part of the platform services only.

5. Service Availability.

5.1 Availability Commitment. We shall use commercially reasonable efforts to make the online services available 24/7, except for planned downtime and any unavailability caused by circumstances beyond our reasonable control.

6.  [omitted].

7. Confidentiality.

7.1 Confidential Information. Both parties agree to keep all details of the Platform and any provided training materials confidential and not to disclose them to any third party without the prior written consent of the other party.

8. Termination Rights. Either party may terminate the Contract with a prior notice to the other party.

9. Termination, consequences of termination and survival.

9.1 Termination. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if:

1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within five days of you being notified in writing to do so;
2. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
3. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
4. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.

9.2 Consequences of termination. On termination of the Contract, you must return all of our Materials and any deliverables specified in your order which have not been fully paid for and cease all use of the Services.

9.3 Survival. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

10. Events outside our control.

10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

10.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

1. we will contact you as soon as reasonably possible to notify you; and
2. our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.

10.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 60 days. To cancel please contact us. If you opt to cancel we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.10. General

11 Amendments. These Terms may be amended from time to time, subject to providing you with prior notice.

12. How we may use your personal information.

12.1 We will use any personal information you provide to us to:

1. provide the Services;
2. inform you about similar services that we provide.

12.2 We will process your personal information in accordance with our privacy policy https://eu-academy.acer.com/privacy-policy

13 Governing Law. These Terms shall be governed by the laws of Switzerland, and the parties agree to submit to the exclusive jurisdiction of its courts.