| 1. |
Acceptance of the Terms |
| 1.1. |
In order to download and/or use the e-Learning material and system, Products and/or ip4sme Website you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the e-Learning material and system, Products and/or ip4sme Website. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or ip4sme in accordance with paragraph 7. |
| 1.2. |
Restrictions. You may not and you agree not to: |
| 1.2.1. |
Sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the e-Learning material and system; |
| 1.2.2. |
Undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the e-Learning material and system or any part or features thereof (except to the extent permitted by law); |
| 1.2.3. |
Remove, obscure or alter any copyright notices or other proprietary notices included in the e-Learning material and system; |
| 1.2.4. |
Use the e-Learning material and system or cause the e-Learning material and system (or any part of it) to be used within or to provide commercial products or services to third parties. |
| 1.2.5. |
Other than for the purposes of download and installation, use the e-Learning material and system except through your User Account. |
| 1.3. |
Third-Party Technology. If you are using e-Learning material and system pre-Loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, e-Learning material and system applications, programs or devices (“Third-Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of such Third-Party Technology; (b) some Products and/or functionality may not be accessible through the Third-Party Technology and (c) ip4sme cannot guarantee that the e-Learning material and system shall always be available on or in connection with such Third-Party Technology. |
| 1.4. |
Third Party Notices. The e-Learning material and system may include third party code that ip4sme, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the e-Learning material and system, are licensed to you by the third parties that own such code, not by ip4sme. |
| 2. |
Use of the e-Learning Material and System and Products And ip4sme Website |
| 2.1. |
Equipment: In order to use the e-Learning material and system and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams. |
| 2.2. |
Use of Your Equipment: The ip4sme e-Learning material and system may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the purpose of facilitating the communication and establishing the connection between ip4sme e-Learning material and system users. If your use of the ip4sme e-Learning material and system is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the ip4sme e-Learning material and system is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent. |
| 2.3. |
Suspension, technical improvement and maintenance: From time to time, ip4sme may need to perform maintenance on or upgrade the e-Learning material and system, Products or ip4sme Website or the underlying infrastructure that enables you to use the e-Learning material and system, Products or ip4sme Website. This may require ip4sme to temporarily suspend or limit your use of some or all of the e-Learning material and system, Products or ip4sme Website until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, ip4sme will publish the time and date of such suspension or limitation on the ip4sme Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any e-Learning material and system, Product or ip4sme Website. |
| 2.4. |
Notice and Take-Down If ip4sme receives any notification that any material that you post, upload, edit, host, share and/or publish on the ip4sme Website or through the e-Learning material and system (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if ip4sme wishes to remove your User Submission for any reason whatsoever, ip4sme reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by ip4sme in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that ip4sme is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. ip4sme reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability. |
| 2.5. |
Quality: ip4sme cannot guarantee that the e-Learning material and system, Products or ip4sme Website will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the e-Learning material and system, Products (depending on the Products used) or ip4sme Website, and may result in the failure of your communications including but not to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. ip4sme takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control. |
| 2.6. |
Changes to Products: ip4sme is constantly improving the e-Learning material and system and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the e-Learning material and system may vary from time to time. Technical requirements for use of Products and e-Learning material and system and feature descriptions are available on the ip4sme Website. If you do not agree with any changes to e-Learning material and system and Products you may terminate your relationship with ip4sme in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the ip4sme Website for details of the most up-to-date usage restrictions that apply to the Products that you are using. |
| 2.7. |
Unsolicited Ideas ip4sme does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to ip4sme through the ip4sme Website or otherwise, you acknowledge and agree that ip4sme shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback. |
| 3. |
Your Obligations |
| 3.1. |
User Account. Prior to your first use of the ip4sme e-Learning material and system, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the e-Learning material and system through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. ip4sme takes no responsibility for your failure to comply with the obligations in this paragraph. |
| 3.2. |
Lawful Use: You must use the e-Learning material and system, Products and ip4sme Website in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the e-Learning material and system, Products and/or ip4sme Website. It is your responsibility to ensure that you are legally allowed to use the e-Learning material and system, Products and/or ip4sme Website where you are located. |
| 3.3. |
Prohibited Use: You may not: |
| 3.3.1. |
Use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the e-Learning material and system, Products, ip4sme Website, communication or protocols; |
| 3.3.2. |
Send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the e-Learning material and system, Products or ip4sme Website for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity; |
| 3.3.3. |
Expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; |
| 3.3.4. |
Use the e-Learning material and system, Products or ip4sme Website to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or |
| 3.3.5. |
Collect or harvest any personally identifiable information, including account names, from the e-Learning material and system, Products or ip4sme Website; |
| 3.3.6. |
Impact or attempt to impact the availability of the e-Learning material and system, Products or ip4sme Website for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack; |
| 3.3.7. |
Uuse or launch any automated system, including without limitation, robots, spiders or offline readers that access the e-Learning material and system, Products or ip4sme Website. Notwithstanding the foregoing, you agree that ip4sme grants to the operators of public search engines permission to use spiders to copy materials from the ip4sme Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ip4sme reserves the right to revoke these exceptions at any time. |
| 3.4. |
Your Information: From time to time, ip4sme may request information from you for the purpose of supplying the e-Learning material and system or Products to you. You shall ensure that any such information is complete, up-to-date and accurate. |
| 3.5. |
No Reselling. The e-Learning material and system and Products are for your individual use. You shall not resell or commercialise the e-Learning material and system and/or Products to any third party. |
| 4. |
Proprietary Rights |
| 4.1. |
The e-Learning material and system, Products and ip4sme Website contain proprietary and confidential information that is protected by intellectual property laws and treaties. |
| 4.2. |
ip4sme and/or its licensors retain exclusive ownership of the e-Learning material and system, Products and ip4sme Website and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with ip4sme’s intellectual property rights in the e-Learning material and system, Products and/or ip4sme Website. |
| 4.3. |
“ip4sme”, associated trademarks and logos are trademarks of ip4sme. ip4sme has registered and filed applications to register its trademarks in many countries worldwide. ip4sme’s trademarks and trade dress may not be used in connection with any product or service that is not ip4sme’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ip4sme. All other trademarks not owned by ip4sme or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of ip4sme’s intellectual property (in whole or part) or that is confusingly similar thereto. |
| 5. |
Charges |
| 5.1. |
Charges for Paid For Products: The charges for Paid For Products will be confirmed to you before you complete a purchase from ip4sme. ip4sme may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published. |
| 5.2. |
Promotional Offers: From time to time, ip4sme may offer Paid-For Products for free for a trial period. ip4sme reserves the right to charge you for such Products (at the normal rate) in the event that ip4sme determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you. |
| 5.3. |
Tax: ip4sme may collect VAT or other indirect taxes at the appropriate rate (as per applicable tax rules) at the time of purchase of e-Learning or other products. |
| 5.4. |
Third-Party Charges: Using the e-Learning material and system on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator. |
| 6. |
Payment |
| 6.1. |
If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), |
| 7. |
Ending Your Relationship With ip4sme |
| 7.1. |
You may terminate your relationship with ip4sme at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the e-Learning material and system, Products and/or ip4sme Website and cancelling any recurring payments. |
| 7.2. |
ip4sme may terminate its relationship with you, or may terminate or suspend your use of the e-Learning material and system, User Account(s), Products or ip4sme Website at any time and without recourse to the courts: |
| 7.2.1. |
If you are in breach of these Terms; |
| 7.2.2. |
Iif ip4sme reasonably suspects that you are using the e-Learning material and system, the Products and/or ip4sme Website to break the law or infringe third party rights; |
| 7.2.3. |
If ip4sme reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies. |
| 7.2.4. |
If ip4sme reasonably suspects that you are using our Products, e-Learning material and system and/or ip4sme Website fraudulently or that your User Account is being used by a third party fraudulently; |
| 7.2.5. |
Immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of ip4sme’s partners; |
| 7.2.6. |
On thirty (30) days notice if ip4sme decides to cease offering the e-Learning material and system to users in your jurisdiction generally. |
| 7.3. |
ip4sme shall effect such termination by preventing your access to your User Account, the e-Learning material and system, Products and/or ip4sme Website (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year. |
| 7.4. |
Consequences of Termination: Upon termination of your relationship with ip4sme: (a) all licenses and rights to use the e-Learning material and system, Products and/or ip4sme Website shall immediately terminate; (b) you will immediately cease any and all use of the e-Learning material and system, Products and/or ip4sme Website; and (c) you will immediately remove the e-Learning material and system from all hard drives, networks and other storage media and destroy all copies of the e-Learning material and system in your possession or under your control. |
| 8. |
Exclusion of Warranties, Limitation of Liability and Indemnity |
| 8.1. |
For the purposes of this paragraph, "ip4sme" includes its partners, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees. |
| 8.2. |
No Warranties: To the maximum extent permitted by law: the e-learning material and system, products and ip4sme Website are provided “as is” and used at your sole risk with no warranties whatsoever; ip4smedoes not make any warranties, claims or representations and expressly disclaims all such warranties of any kind, whether express, implied or statutory, with respect to the e-learning material and system, products and/or ip4sme website including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. ip4sme further does not represent or warrant that the e-learning material and system, products and/or ip4sme Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor does ip4sme warrant any connection to or transmission from the internet, or any quality of the e-learning material and system. |
| 8.3. |
Nothing in these Terms shall exclude or restrict ip4sme's liability for (a) death or personal injury, (b) loss resulting from ip4sme's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be or excluded by applicable law. |
| 8.4. |
No Liability: You acknowledge and agree that ip4smewill have no liability whatsoever, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to ip4sme, in connection with or arising from your use of ip4sme website, or the ip4smee-learning material and system or other e-learning material and system that is provided free of charge. your only right or remedy with respect to any problems or dissatisfaction with such e-learning material and system and/or ip4sme Website is to immediately deinstall such e-learning material and system and cease use of such e-learning material and system and/or ip4sme Website. |
| 8.5. |
Limitation of Liability: Subject to paragraphs 8.3 and 8.4 above, ip4sme shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to ip4sme, for: |
| 8.5.1. |
Any indirect, special, incidental or consequential damages; or |
| 8.5.2. |
Any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or |
| 8.5.3. |
Any damage to or corruption of data (whether direct or indirect); |
| 8.5.4. |
Any claim, damage or loss (whether direct or indirect) arising from or relating to: |
| 8.5.5. |
Any product or service provided by a third party under their own terms of service, including without limitation, ip4sme e-Learning system; |
| • |
any Third Party Technology; |
| • |
any third party website. |
| 8.6. |
Subject to paragraphs 8.3 - 8.5 above, ip4sme’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) shall not exceed in aggregate the amount paid by you for the products in the 12 month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of ten euros in all cases. |
| 8.7. |
If any third party brings a claim against ip4sme in connection with, or arising out of (1) your breach of these Terms; (2) your breach of any applicable law of regulation; (3) your infringement or violation of the rights of any third parties (including intellectual property rights); (44v) your User Submissions or (5) your complaint in relation to any User Submission, you will indemnify and hold ip4sme harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim. |
| 9. |
Third-Party Websites, Products and Services |
| 9.1. |
Third parties may offer products or services via the e-Learning material and system and/or ip4sme Website, including games, applications, images, ring tones, or avatars. Whilst ip4sme takes no responsibility for such products or services, if you encounter any problems with payment for or download, use of installation of such products or services, ip4sme will use commercially reasonable endeavours to assist or resolve the problems. The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third party product or service and ip4sme shall not be responsible for your failure to do so. |
| 9.2. |
You acknowledge and agree that any third-party product information and pricing that is shown on the ip4sme Website regarding third-party products and services is given to ip4sme by the applicable third-party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate its product availability at anytime. ip4sme is not involved in any transactions between you and any Merchant whose products and/or services are listed on the ip4sme Website. ip4sme does not control, is not responsible for and does not guarantee: (1) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (2) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (3) the availability of the Merchant’s websites; (4) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the ip4sme Website; (5) links to the Merchants’ websites that are featured on the ip4sme Website. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant. |
| 9.3. |
The e-Learning material and system and ip4sme Website may include hyperlinks to other third party websites. ip4sme is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website. |
| 10. |
Additional Terms |
| 10.1. |
The ip4sme Etiquette provides guidelines on how to use ip4sme and how to treat the other members of ip4sme’s community properly and respectfully. Please read these guidelines carefully which form part of the Terms. |
| 11. |
Your Confidential Information and Your Privacy |
| 11.1. |
ip4sme is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy. |
|
You expressly acknowledge that you have read these terms and understand the rights, obligations, terms and conditions set forth herein. By clicking on the accept button and/or continuing to install the e-Learning material and system or use the e-Learning material and system, products and/or ip4sme Website, you expressly consent to be bound by its terms and conditions and grant to ip4sme the rights set forth herein. |
