COURSEWARE MARKETPLACE TERMS AND CONDITIONS
Last Updated: July 29, 2016
- PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
- 1. TERMS USED IN THIS AGREEMENT
- 2. AVAILABILITY
- 3. USING THE MARKETPLACE
- 4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 5. AVAILABILITY AND PRODUCT DELIVERY
- 6. SPECIFIC TERMS REGARDING CERTIFICATION VOUCHERS
- 7. SPECIFIC TERMS REGARDING VIDEO VOUCHERS
- 8. SPECIFIC TERMS REGARDING ITIL TRAINING
- 9. SPECIFIC TERMS REGARDING LINUX CERTIFICATION VOUCHERS
- 10. RISK AND TITLE
- 11. PRICE AND PAYMENT
- 12. OUR REFUND POLICY
- 13. PERSONAL DATA
- 14. OUR LIABILITY
- 15. INTELLECTUAL PROPERTY
- 16. IMPORT DUTY AND TAXES
- 17. WRITTEN COMMUNICATIONS AND NOTICES
- 18. TRANSFER OF RIGHTS AND OBLIGATIONS
- 19. EVENTS OUTSIDE OUR CONTROL
- 20. VIRUSES, HACKING AND OTHER OFFENCES
- 21. WAIVER
- 22. SEVERABILITY
- 23. MISCELLANEOUS
- 24. LAW AND JURISDICTION
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
www.courseware-marketplace.com is a website operated by Arvato distribution GmbH, a German limited liability company, with a place of business at Carl-Bertelsmann-Str. 161, 33332 Gütersloh
This page (together with the documents referred to on it) tells you the terms and conditions on which you may use the Marketplace and on which we supply any of the Products listed on our website www.courseware-marketplace.com to you. Please read these terms and conditions carefully before ordering any Products from the Marketplace. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please accept these terms and conditions at the end of the checkout page. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the Arvato Courseware Marketplace.
You should print a copy of these terms and conditions for future reference.Back to Top
1. TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
"Arvato", "we" or "us" means Arvato distribution GmbH , its employees, subcontractors and/or other companies which are appointed by Arvato to provide services in relation to the Marketplace operated by Arvato;
"Authors" means the entity or person who authored the courseware sold on the Marketplace;
"E-book" means a publication in digital form, consisting of text, images, or both, readable on computers, mobile phones, E-book readers or other electronic devices ("Reading Devices").
"EULA" means the end user license agreement applicable to you when using an E-book or Goods for your own purpose and/or your customer who purchased an E-book or Goods from you
"Goods" means physical products such as (but not limited to) books, manuals or software on physical media;
"Skillpipe" means the platform provided by Arvato where E-books can be accessed or downloaded to a reading device by using a Redemption Code subject to the terms and conditions applying to Skillpipe and after registration on Skillpipe;
"Product" is any product offered in the Marketplace consisting of either an E-book, a Voucher, or Goods which may be purchased from the Marketplace operated by Arvato;
"Publisher" means the entity or person who published the courseware sold on the Marketplace;
"Redemption Code" means a product activation code which can be used by you and/or your customers for the release and activation of an individual copy of an encrypted digital product such as an E-book including its license terms on Skillpipe;
"Marketplace" means the Arvato Courseware www.courseware-marketplace.com
"Voucher" means the coded certification exam voucher required to register for a certification exam at an Authorized Testing Center. Certification exam vouchers provide a more streamlined way to take an exam and enable users to eliminate administrative tasks and time constraints. Each Voucher is encoded with information about the testing program and the region for which it is valid, the expiration date and other terms and conditions for its use.Back to Top
- 2.1 The Marketplace is only intended for use by businesses given an account on the Marketplace;
- 2.2 By ordering Products from the Marketplace, you warrant that:
- 2.2.1 You are legally capable of entering into binding contracts;
- 2.2.2 You have been approved by Arvato or one of the Authors/Publishers who authorize Arvato to resell their content on this Marketplace.
- 2.2.3 You guarantee that any of your customers who purchase and are supplied with E-books or Goods has been made aware of and is bound by the applicable EULA.
- 2.3 Access to the Marketplace is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products we provide via the Marketplace without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to the Marketplace. We will not be liable to you if for any reason the Marketplace is temporarily unavailable at any time or for any period.
- 2.4 From time to time, we may restrict access to some or all parts of the Marketplace.
3. USING THE MARKETPLACE
- 3.1 To use the Marketplace you need to have an active account and log in to the site using a username and password.
- 3.2 Please log into the Marketplace and browse the shop. To order items simply click the shopping cart icon to add the Product to your shopping cart. Once you have finished shopping, please click on the shopping cart icon in the top right hand corner of the screen. Please click on the button marked "Purchase now" and follow the instructions on screen to complete your order.
- 3.3 Based on your account and the permissions of the Authors/Publishers who authorize Arvato to resell their content on this Marketplace, certain products may or may not be available to you.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- 4.1 Any contract for the purchase of Products from the Marketplace will be concluded with Arvato distribution GmbH, Carl-Bertelsmann-Str. 161, 33332 Gütersloh), an independent reseller of of authorized content.
- 4.2 After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) the Redemption Code or (b) the physical product to you. The contract between us (the "Contract") will only be formed when you receive the goods or receive the Redemption Code.
- 4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5. AVAILABILITY AND PRODUCT DELIVERY
- 5.1 We aim to update the Marketplace regularly, and may change the content at any time. If the need arises, we may suspend access to the Marketplace, or close it indefinitely. Any of the material on the Marketplace may be out of date at any given time, and we are under no obligation to update such material.
- 5.2 Although we endeavor to ensure the availability of the Products shown in the Marketplace, we cannot guarantee that all of the Products will be in stock or available when you place your order. If we are unable to process or execute your order, we shall contact you:
- 5.2.1 to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
- 5.2.2 to notify you that we are unable to fulfill the order.
- 5.3 If you reject our offer of an alternative Product and we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
- 5.4 Your order will be fulfilled within 30 days of the date of the Order Confirmation, unless exceptional circumstances prevent delivery. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
- 5.5 Products sold in the Marketplace are delivered to you by electronic transfer when activating the Redemption Code if you have purchased an E-book or by post or courier if you have ordered Goods.
- 5.6 We deliver E-books to you by providing you with a Redemption Code. For security reasons, reclaiming the E-book with the Redemption Code provided is possible only through the personal and protected account area when you or your customers are logged into Skillpipe using a dedicated username and password.
- 5.7 The Redemption Codes you have purchased will be available for activation on Skillpipe following the receipt of the Order Confirmation. If the Marketplace or Skillpipe closes, all codes will remain active for an additional six months from the date of closure or the announcement of closure, whichever comes first. Once the customer has registered and logged in at Skillpipe and has claimed an E-Book using the Redemption Code, such E-book can be transferred by this customer by way of download or accessed online to a maximum of three different Reading Devices for simultaneous use. Online access will be available during six months from the time the Redemption Code has been used for the first time to activate access to an E-book. The customer may also print an E-Book that is still accessible any time from the downloaded version or when accessing the E-book online.
6. SPECIFIC TERMS REGARDING CERTIFICATION VOUCHERS
- 6.1 Each Voucher is encoded with information about the testing program for which it is valid, the region for which they were purchased, the expiration date and other terms and conditions for its use. Vouchers are program specific and, in some cases, exam specific. Please ensure you order the Voucher for the correct exam. Vouchers are not transferable between programs and are not returnable or refundable.
- 6.2 Any resale and/or transfer of Vouchers is expressly prohibited. If altered in any way a Voucher will become void.
- 6.3 Each Voucher may be redeemed only once by registering for an exam and only at an Authorized Testing Center (ATC) and for the testing program for which they were purchased. Vouchers can only be redeemed in the region from which they were purchased. Vouchers may not be applied to exams that have already been taken by the test candidate.
- 6.4 Vouchers may not be redeemed for cash, credit, or refunds.
- 6.5 Vouchers have an expiration date ("Order End Date"). Test candidates must redeem the Voucher and the exam must be taken prior to the Order End Date or the Voucher will become invalid.. Once a Voucher has expired, or has been used to register for an exam where a candidate does not show up for the exam, it cannot be extended or reinstated and the fee paid is forfeited.
- 6.6 You warrant that you will communicate all terms and conditions applicable to the Vouchers to anyone to whom you supply the Vouchers to and that you will further communicate to such person that they have to provide the Voucher codes when registering to take an exam. Test candidates who have contacted the ATC and are having problems redeeming Vouchers due to a lack of understanding of the terms of their use shall refer back to you for problem resolution.
- 6.7 You warrant that you distribute each voucher code only once.
- 6.8 Vouchers are just like cash. You should safeguard them and are responsible for tracking their issuance to test candidates. Arvato and the issuer of the Voucher are not responsible for lost or stolen vouchers or voucher numbers. Expired, stolen or lost vouchers will not be replaced. Arvato does not provide redemption information to you.
7. SPECIFIC TERMS REGARDING VIDEO VOUCHERS
- 7.1 By purchasing or distributing any Video vouchers, the purchaser agrees to be bound by the following terms and conditions. If purchaser does not agree, do not purchase or distribute Video Vouchers
- 7.2 Each Video Voucher may only be distributed once. Purchase will track distribution of video voucher to ensure each video voucher is only distributed once and in accordance with these terms and conditions.
- 7.3 Purchaser is responsible for keeping Video Vouchers in a secure place to ensure codes are not copied or misappropriated.
- 7.4 Each Video Voucher is encoded with the expiration date and other terms and conditions for its use.
- 7.5 Video Vouchers may not be redeemed for cash, credit, or refunds and are void if altered in any way.
- 7.6 Expired, stolen, or lost Video Vouchers will not be replaced.
- 7.7 All Video Vouchers must bear an expiration date of 6 months from the day the code was issued to the purchaser. The purchaser will include the day/month/year the Video Voucher will expire prior to distribution of any Video Voucher.
- 7.8 arvato may restrict any purchaser’s ability to obtain Video Vouchers if arvato suspects the purchaser is not compliant with any of these terms and conditions.
- 7.9 Purchaser will include the following terms and conditions with each Video Voucher distribution:
- 7.9.1 This Video Voucher will automatically expire on [INSERT DATE/MONTH/YEAR], if not redeemed prior to that date. Code expiration dates will not be extended under any circumstances.
- 7.9.2 To redeem the Video Voucher, visit http://itsmsolutions.videotrainer.com, click register, redeem the voucher code and create an account. Redemption of the Voucher will not activate the course. As long as the Voucher is redeemed prior to expiration, you can activate your course at any time. Once the course is launched, the course is activated and you will have access to the course for 90 consecutive days. You are responsible for keeping your user ID, password and Video Voucher confidential.
- 7.9.3 One (1) Video Voucher may be redeemed for one person to have online access to one (1) course for up to ninety (90) consecutive days, once the course is launched.
- 7.9.4 Video Voucher may only be used once, and once redeemed, cannot be extended, reused or reactivated.
- 7.9.5 Videos may have additional terms, conditions and licenses and you must comply with any additional terms, conditions and licenses to use the Video Vouchers.
- 7.9.6 Expired, stolen, or lost Video Vouchers will not be replaced.
- 7.9.7 Any resale, transfer or distribution of any Video Voucher is expressly prohibited.
- 7.9.8 Video Vouchers may not be redeemed for cash, credit, or refunds and are void if altered in any way.
- 7.9.9 Arvato and its suppliers and resellers are not responsible for lost or stolen Video Vouchers.
- 7.10 To redeem the Video Voucher the student will register at http://itsmsolutions.videotrainer.com. The student must provide the Video Voucher when registering.
8. SPECIFIC TERMS REGARDING ITIL TRAINING
- 8.1 When purchasing any of the ITIL content from the Marketplace, the purchasing organization must submit proof of the student’s current ITIL certification at the time of purchasing from the Marketplace. Submit proof electronically to firstname.lastname@example.org and include your Marketplace order number.
- 8.2 When purchasing any of the ITIL MALC Courseware, the purchasing organization must submit proof of the student’s 17 credits from the ITIL scheme at the time of purchasing from the Marketplace. Submit proof electronically to email@example.com and include your Marketplace order number.
9. SPECIFIC TERMS REGARDING LINUX CERTIFICATION VOUCHERS
- 9.1 By purchasing an Exam Voucher, you agree to be bound by the following terms and conditions. If you do not agree, do not purchase an Exam Voucher.
- 9.2 Each voucher is encoded with information about the testing program for which it is valid, the exam delivery provider (“EDP”), the region from which the voucher was purchased, the expiration date and other terms and conditions for its use. Vouchers are EDP and program specific and, in some cases, exam specific. Please ensure you order the Voucher for the correct exam and EDP. Vouchers are not transferable between programs or EDPs and are not returnable or refundable. Vouchers are void, if altered in any way.
- 9.3 Each Exam Voucher code may only be used once. You will assign one unique code to each Exam Voucher and will track your distribution of Exam Voucher codes to ensure each Exam Voucher code is only distributed and used once.
- 9.4 You are responsible for keeping the Exam Vouchers in a secure place and ensuring Exam Voucher codes are not copied or misappropriated.
- 9.5 All Exam Vouchers will include the expiration date.
- 9.6 The Linux Foundation, Arvato and the exam delivery provider are not responsible for lost or stolen vouchers or voucher codes.
- 9.7 Expired, stolen or lost vouchers will not be replaced.
- 9.8 Test candidates who are having problems redeeming vouchers due to a lack of understanding of the terms of their use will be referred back to you for resolution.
- 9.9 You will include all of the following terms and conditions to anyone you provide a voucher to:
- 9.9.1 Voucher will expire on ______ ("Order End Date"). You must redeem the voucher prior to the Order End Date or the voucher will become invalid. We strongly encourage the candidate to redeem the voucher within 1 month of receipt as the candidate will still have 12 months to complete the exam after redemption. Voucher expiration dates cannot be extended under any circumstances.
- 9.9.2 Each voucher may only be used once.
- 9.9.3 Each voucher may be redeemed by registering to take one Linux Certification exam, at the exam delivery provider (“EDP”) specified on the voucher and only for the testing program, and in some cases, the specific exam for which the voucher was purchased.
- 9.9.4 Voucher can only be redeemed in the region from which it was purchased and only at the EDP indicated on the voucher.
- 9.9.5 You can register to take an exam by calling the registration number for the applicable testing program or by accessing the EDP’s registration and scheduling services. You must provide the voucher code when registering to take an exam.
- 9.9.6 Vouchers are not transferable between EDPs, programs or exams.
- 9.9.7 Vouchers are not returnable or refundable and are void if altered.
- 9.9.8 Vouchers may not be redeemed for cash, credit, or refunds.
- 9.9.9 Vouchers may not be combined with other vouchers or discounts.
- 9.9.10 Expired, stolen or lost vouchers will not be replaced.
- 9.9.11 Any resale or transfer of this voucher is expressly prohibited.
- 9.9.12 The Linux Foundation, Arvato and the EDP are not responsible for lost or stolen vouchers or voucher numbers.
- 9.9.13 Rescheduling or cancelling your appointment to take an exam may be possible by contacting the EDP. A rescheduling fee may apply for individuals who reschedule or cancel their appointment to take an exam 15 or fewer days before the scheduled date.
- 9.9.14 Individuals that cancel or reschedule their appointment to take an exam seventy-two hours or less from the scheduled time may forfeit their exam voucher (voucher cannot be used again).
- 9.9.15 Individuals that fail to show up for their scheduled exam appointment may forfeit their exam voucher (voucher cannot be used again).
- 9.9.16 In the event you have an unexpired, unredeemed voucher for an EDP that is no longer delivering Linux Certification exams, please contact support at Marketplace_Support@arvato.com.
10. RISK AND TITLE
The Products will be at your risk from the time of delivery.Back to Top
11. PRICE AND PAYMENT
- 11.1 The price of any Products will be as quoted in the Marketplace, except in cases of obvious error. The Marketplace contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the Marketplace may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the Marketplace, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- 11.2 These prices exclude VAT/TAX and in the shopping cart you will see the price, fees, VAT/TAX and delivery costs, if applicable. For further questions regarding delivery costs please refer to our FAQ.
- 11.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- 11.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
- 11.5 Payment for all Products must be made by credit card or prepayment. Delivery against invoice or other payment methods may be available upon request; please contact us: Marketplace_Support@arvato.com. We are under no obligation to deliver the Products until we have received payment from you. Please note that the order value displayed at checkout does not reflect any service charges that your bank or your provider for other payment services may impose from the use of payment methods. Please check in advance with your issuing bank or provider of payment services to find out which additional charges may apply.
- 11.6 Withholding taxes: In case you claim entitlement to tax withholding you will need to provide Arvato with the form or document legally required to prove that you are entitled to tax withholding. Until you provide the required documentation to Arvato’s reasonable satisfaction, Arvato will require payment of the full price of the Products you ordered without any deductions.
12. OUR REFUND POLICY
Unless a specific returns policy has been agreed with you, the following return policy applies:
- 12.1 You may return a Product to us in case the Product is defective or in case we have sent to you a Product that does not comply with the specifications of your order: In such cases you will receive a replacement.
- 12.2 If you wish to return a Product to us, you must inform us in writing by giving notice to Marketplace_Support@arvato.com. You are required to return any Products to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product, or investigate your complaint and will notify you of your entitlement to a replacement via e-mail within a reasonable period of time. Goods returned by you because of a defect will be replaced in full and sent to you free of charge, including a complete reimbursement for the delivery charges incurred by you in returning the item to us. Non defective goods will be returned to you at your own cost.
- 12.3 Redemption Codes may only be returned if they are defective, e.g. they cannot have a status of activated.
13. PERSONAL DATA
14. OUR LIABILITY
- 14.1 In accordance with your statutory rights we warrant to you that any Product purchased from the Marketplace is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- 14.2 For a guidance on product specifications and system requirements required to activate and operate Products please refer to our FAQ We cannot ascertain whether you or your customers’ computer or Reading Device fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
- 14.3 The Marketplace is provided "as is". Whilst we have taken every care in the preparation of the content of the Marketplace we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Marketplace. Except as set out in this condition 18, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Products are excluded to the extent permitted by law.
- 14.4 Where the Marketplace contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not identify ourselves with the content of such sites and resources have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
- 14.5 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms and conditions, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Marketplace. We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Marketplace or any of the materials on the Marketplace (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
- 14.6 This does not include or limit in any way our liability:
- 14.6.1 for death or personal injury caused by our negligence;
- 14.6.2 for fraud or fraudulent misrepresentation; or
- 14.6.3 for gross negligence or intent; or
- 14.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
15. INTELLECTUAL PROPERTY
- 15.1 Products offered in the Marketplace are the intellectual property of the Author, Publisher or of any other third party. To activate the download or an E-book to a Reading Device or access to an E-book on Skillpipe you and/or your customer must accept the respective EULA and other terms and conditions bundled with the Product. You can view the terms and conditions of the respective EULA in our FAQ. You may not and you will ensure that your customer does not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.
- 15.2 We are the owner or the licensee of all intellectual property rights in the Marketplace and Skillpipe, and in the material published on them. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
- 15.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- 15.5 Using the Marketplace does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
- 15.6 The Marketplace and all logos on the Site are business names and marks which are the property of Arvato or of the Authors/Publishers who authorize Arvato to resell their content on this Marketplace.
16. IMPORT DUTY AND TAXES
If you order Products from the Marketplace for delivery to your residence, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.Back to Top
17. WRITTEN COMMUNICATIONS AND NOTICES
- 17.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Marketplace, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the Marketplace or the account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
- 17.2 All notices given by you to us must be given to Arvato distribution GmbH at Carl-Bertelsmann-Str. 161, 33332 Gütersloh, Germany or by email E-Mail: Marketplace_Support@arvato.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order or in any of the ways specified in clause 21.1 above. Notice will be deemed received and properly served immediately when posted in the Marketplace, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
18. TRANSFER OF RIGHTS AND OBLIGATIONS
- 18.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
- 18.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
19. EVENTS OUTSIDE OUR CONTROL
- 19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
- 19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- 19.2.1 strikes, lock-outs or other industrial action.
- 19.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- 19.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- 19.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- 19.2.5 impossibility of the use of public or private telecommunications networks.
- 19.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
- 19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
20. VIRUSES, HACKING AND OTHER OFFENCES
- 20.1 You must not misuse the Marketplace or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Marketplace or the Service, the server on which the Marketplace or the Service is stored or any server, computer or database connected to the Marketplace. You must not attack the Marketplace or the Service via a denial-of-service attack or a distributed denial-of-service attack.
- 20.2 By breaching this provision, you would commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Marketplace and our Service will cease immediately.
- 20.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Marketplace and our Service or to your downloading of any material posted on it, or on any website linked to it.
- 21.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 21.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 21.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 21 (Notices) above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.Back to Top
- 23.1 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- 23.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
- 23.4 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
24. LAW AND JURISDICTION
Contracts for the purchase of Products placed through the Arvato Courseware Marketplace will be governed by German law, the German courts shall have exclusive jurisdiction.Back to Top