DISCLAIMER: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE TEO PLATFORM (AS DEFINED BELOW). BY CHECKING THE "I AGREE" CHECKBOX AND USING THE TEO PLATFORM, YOU AGREE THAT YOUR USE OF THE TEO PLATFORM SHALL BE GOVERNED BY THESE TERMS OF USE.
These terms of use (the “Terms of Use”) describe the terms and conditions under which users (“Users” or “you”) can use the TEO Platform (as defined hereafter). The TEO Platform is operated and managed by TEO - Training BV, registered with the Crossroads Bank of Enterprises under company number 0697.679.725 and having its registered office at Luchthavenlei 7C, 2100 Deurne (jointly “TEO” or “we”). If you have any questions about the TEO Platform or these Terms of Use, please contact us at info@teo.training.
“Account” means your account for the TEO Platform which shall be provided to you by the TEO Client;
"Agreement" means the agreement concluded between TEO and the TEO Client relating to the TEO Platform;
"Data Controller" means the physical or legal person, which, alone or jointly with others, determines the purposes and means of the processing of Personal Data;
"Data Processor" means the physical or legal person which processes Personal Data on behalf of the Data Controller;
"TEO Client" shall mean the organization which has concluded an Agreement with TEO and which has provided you with your Account details;
"Fees" means the fees to be paid by the TEO Client to TEO for the use of the TEO Platform and other specific elements, as set out in the Agreement;
"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the Party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any Third Party, social strikes or actions, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
"Intellectual Property Rights" means any and all now known or hereafter existing (a) rights associated with works of authorship, including copyrights, mask work rights, and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how; (d) patents, patent rights, and industrial property rights; (e) layout design rights, design rights, (f) trade and business names, domain names, database rights, rental rights and any other industrial or intellectual proprietary rights or similar right (whether registered or unregistered); (g) all registrations, applications for registration, renewals, extensions, divisions, improvements or reissues relating to any of these rights and the right to apply for, maintain and enforce any of the preceding items, in each case in any jurisdiction throughout the world;
"Personal Data" shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
"TEO Platform" means the SaaS learning platform of TEO;
"Term" means the period as agreed upon between TEO and the TEO Client in the Agreement.
The TEO Platform is a SaaS platform developed for companies, public or private employment service institutions or educational establishments, which have a need to train and improve the technical knowledge of certain individuals within their organizations (the “TEO Platform”).
3.1 By checking the “I agree” checkbox, you acknowledge and agree that your use of the TEO Platform is exclusively governed by these Terms of Use. If you do not agree to any provision of these Terms of Use, you may not use the TEO Platform in any manner, even if you already have an Account.
3.2 In the event the TEO Platform uses services of third parties, the terms of service and/or privacy policies of those third parties may apply. You shall be notified if and when such third party terms of services and/or privacy policies are applicable. By accessing such third party service, you agree to comply with the applicable terms and you acknowledge that you are the sole party to such terms. TEO cannot be held liable in any way with regard to the content of such third parties’ terms or privacy policy.
3.3 We reserve the right at any time, and from time to time, with or without cause to:
Any such amendments or changes made will be effective immediately upon us making such changes available in the TEO Platform or otherwise providing notice thereof. You agree that your continued use of the TEO Platform after such changes constitutes your acceptance of such changes.
4.1 You shall be solely responsible for maintaining the confidentiality and security of your Account login information such as your password and shall be fully responsible for all activities that occur under your Account. You agree to immediately notify TEO of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. TEO will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4.2 During the Term, TEO may, in its sole discretion, provide you with certain updates of the TEO Platform. For the avoidance of doubt, TEO is not obligated to provide any updates of the TEO Platform.
5.1 License by TEO - During the Term and subject to the timely payment of the Fees by the TEO Client, TEO grants you a non-exclusive, personal, restricted, non-sublicensable and non-transferable license to use the TEO Platform in accordance with these Terms of Use (the “License”). You are not allowed to use the TEO Platform for any commercial purposes or to use the TEO Platform in a manner not authorized by TEO. You shall use the TEO Platform solely in full compliance with (i) these Terms of Use; (ii) any additional instructions or policies issued by TEO, including, but not limited to, those posted within the TEO Platform and (iii) any applicable legislation, rules or regulations.
5.2 Restrictions - You agree to use the TEO Platform only for its intended use as set forth in these Terms of Use. Within the limits of the applicable law, you are not permitted to (i) make the TEO Platform available or to sell or rent the TEO Platform to any third parties; (ii) adapt, alter, translate or modify in any manner the TEO Platform; (iii) sublicense, lease, rent, loan, distribute, or otherwise transfer the TEO Platform to any third party; (iv) decompile, reverse engineer, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the TEO Platform, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (v) use or copy the TEO Platform except as expressly allowed under this article 5; (vi) gain unauthorized access to accounts of other Users or use the TEO Platform to conduct or promote any illegal activities; (vi) use the TEO Platform to generate unsolicited email advertisements or spam; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (viii) use any high volume automatic, electronic or manual process to access, search or harvest information from the TEO Platform (including without limitation robots, spiders or scripts); (ix) alter, remove, or obscure any copyright notice, digital watermarks, proprietary legends or other notice included in the TEO Platform; (x) intentionally distribute any worms, Trojan horses, corrupted files, or other items of a destructive or deceptive nature or use the TEO Platform for any unlawful, invasive, infringing, defamatory or fraudulent purpose; or (xi) remove or in any manner circumvent any technical or other protective measures in the TEO Platform.
5.3 License by User - By uploading, creating or otherwise providing Personal Data, you grant TEO a non-exclusive, royalty-free, worldwide, sublicensable, transferable, license to use, copy, store, modify, transmit and display such Personal Data to the extent necessary to provide and maintain the TEO Platform. TEO reserves the right, but is not obliged, to review and remove any Personal Data which is deemed to be in violation with the provisions of these Terms of Use or otherwise inappropriate, any rights of third parties or any applicable legislation or regulation.
6.1 As between the User and TEO, all Intellectual Property Rights pertaining thereto, are the exclusive property of TEO and/or its licensors.
6.1 All rights, titles and interests in and to the TEO Platform or any part thereof not expressly granted to the User in these Terms of Use are reserved by TEO and its licensors. Except as expressly set forth herein, no express or implied license or right of any kind is granted to the User regarding the TEO Platform, including any right to obtain possession of any source code, data or other technical material related to the TEO Platform.
If TEO becomes aware or suspects, in its sole discretion, any violation by you of these Terms of Use, or any other instructions, guidelines or policies issued by TEO, then TEO may suspend or limit your access to the TEO Platform. The duration of any suspension by TEO will be until you have cured the breach which caused such suspension or limitation.
In case you need technical support, you can contact your contact person within the TEO Client organization or send an e-mail to support@teo.training
In consideration for the License, the Fees shall be paid by the TEO Client in accordance with the Agreement.
10.1 To the maximum extent permitted under applicable law, TEO shall only be liable for personal injury or any damages resulting from (i) its gross negligence; (ii) its willful misconduct; or (iii) any fraud committed by TEO.
10.2 To the extent legally permitted under applicable law, TEO shall not be liable to the User or any third party, for any special, indirect, exemplary, punitive, incidental or consequential damages of any nature including, but not limited to damages or costs due to loss of profits, data, revenue, goodwill, production of use, procurement of substitute services, or property damage arising out of or in connection with the TEO Platform under these Terms of Use, including but not limited to any miscalculations, or the use, misuse, or inability to use the TEO Platform, regardless of the cause of action or the theory of liability, whether in tort, contract, or otherwise, even if TEO have been notified of the likelihood of such damages.
10.3 You agree that TEO can only be held liable as per the terms of this article 10 to the extent damages suffered by you are directly attributable to TEO. For the avoidance of doubt, TEO shall not be liable for any claims resulting from (i) your unauthorized use of the TEO Platform, (ii) your or any third party’s modification of (any parts) of the TEO Platform, (iii) your failure to use the most recent version of the TEO Platform made available to you or your failure to integrate or install any corrections to the TEO Platform issued by TEO, or (iv) your use of the TEO Platform in combination with any non-TEO products or services. The exclusions and limitations of liability under this article shall operate to the benefit of any of TEO’s affiliates and subcontractors under these Terms of Use to the same extent such provisions operate to the benefit of TEO.
10.4 In any case and without prejudice to the foregoing, the liability of TEO towards each User is limited to 1,000 EUR, as long as the damage, fault and causal link are proven. This limitation of liability is justified in view of the fact that use of the TEO Platform by the Users is free of charge.
11.1 By TEO - Except as expressly provided in this article 11 and to the maximum extent permitted by applicable law, the TEO Platform is provided “AS IS,” and TEO makes no (and hereby disclaims all) other warranties, covenants or representations, or conditions, whether written, oral, express or implied including, without limitation, any implied warranties of satisfactory quality, course of dealing, trade usage or practice, merchantability, suitability, availability, title, non-infringement, or fitness for a particular use or purpose, with respect to the use, misuse, or inability to use the TEO Platform or any other products or services provided to the User by TEO. TEO does not warrant that all errors can be corrected, or that access to or operation of the TEO Platform shall be uninterrupted, secure, or error-free. The User acknowledges and agrees that there are risks inherent to transmitting information over and storing information on the internet and that TEO is not responsible and cannot be held liable for any losses of your data.
11.2 By User - You represent and warrant to TEO that (a) you have the authority to enter into this binding agreement personally and (b) that any data provided by you is accurate and truthful and shall not (i) infringe any Intellectual Property Rights of third parties; (ii) misappropriate any trade secret; (iii) be deceptive, defamatory, obscene, pornographic or unlawful; (iv) contain any viruses, worms or other malicious computer programming codes intended to damage TEO’s system or data; or (v) otherwise violate the rights of a third party. You agree that any use of the TEO Platform contrary to or in violation of these representations and warranties shall constitute unauthorized and improper use of the TEO Platform for which TEO cannot be held liable.
TEO recognizes and understands the importance of your privacy and wants to respect your desire to store and access personal information in a private and secure environment. Please note that TEO has to be considered as the “Data Processor” and the TEO Client as the “Data Controller” for the processing of any Personal Data. Please note that TEO shall only process any Personal Data relating to you on the documented instructions from the Data Controller and takes appropriate technical and organizational measures against any unauthorized or unlawful processing of your Personal Data or its accidental loss, destruction or any unauthorized access thereto. In the event you as User request TEO of a copy, correction, deletion of the Personal Data or you want to restrict or object to the processing activities, TEO shall inform the TEO Client of such request within two (2) calendar days. TEO shall, as Data Processor, provide the TEO Client with full details of such request, objection or restriction of the User, together with a copy of the Personal Data held by TEO. Furthermore, TEO shall promptly direct you as User to the TEO Client, who will deal with the request in accordance with the applicable data protection legislation.
The Personal Data that shall be processed by TEO as Data Processor may include (without limitation) a picture that you have uploaded via the TEO Platform to personalize the settings of your Account. We shall not use your Personal Data for any other purpose than instructed by the Data Controller and allowing you to make use of the features of the TEO Platform.
13.1 TEO shall grant you a license on the TEO Platform during the Term as set out under these Terms of Use, unless these Terms of Use are terminated in accordance with article 13.2. At the end of the Term, any User rights on the TEO Platform that were granted to you under these Terms of Use shall automatically expire.
13.2 Termination for breach - TEO may terminate with immediate effect these Terms of Use and your right to access and use of the TEO Platform (i) if TEO believes or has reasonable grounds to suspect that you are violating these Terms of Use (including but not limited to any violation of the Intellectual Property Rights of TEO) or any other guidelines or policies issued by TEO or (ii) if the TEO Client remains suspended for non-payment for more than sixty (60) days.
13.3 Effects of termination - Upon the termination of these Terms of Use for any reason whatsoever in accordance with the provisions of these Terms of Use, at the moment of effective termination: (i) you will no longer be authorized to access or use the TEO Platform; (ii) TEO shall sanitize and destroy the Personal Data related to your Account on the TEO Platform, within thirty (30) calendar days upon termination of these Terms of Use in a secure way that ensures that all Personal Data is deleted and unrecoverable. Personal Data that needs to be kept to comply with relevant legal and regulatory retention requirements may be kept by TEO beyond expiry of the period of thirty (30) calendar days as long as required by such laws or regulations, and (iii) all rights and obligations of TEO or User under these Terms of Use shall terminate, except those rights and obligations under those articles specifically designated in article 14.6. Upon written request submitted by the TEO Client to prior to the termination of the Agreement, TEO can provide the TEO Client, immediately prior to the sanitization and destruction thereof, with a readable and usable copy of the Personal Data and/or the systems containing Personal Data.
14.1 Force Majeure - TEO shall not be liable for any failure or delay in the performance of its obligations with regard to the Teo Platform if such delay or failure is due to a Force Majeure Event. We shall notify you of the nature of such Force Majeure Event and the effect on our ability to perform our obligations under these Terms of Use and how we plan to mitigate the effect of such Force Majeure Event.
14.2 Severability - If any provision of these Terms of Use are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
14.3 Waiver - Any failure to enforce any provision of the Terms of Use shall not constitute a waiver thereof or of any other provision.
14.4 Assignment - You may not assign or transfer these Terms of Use or any rights or obligations to any third party. TEO shall be free to (i) transfer or assign (part of) its obligations or rights under the Terms of Use to one of its affiliates and (ii) to subcontract performance or the support of the performance of these Terms of Use to its affiliates, to individual contractors and to third party service providers without prior notification to the User.
14.5 Notices - All notices from TEO intended for receipt by you shall be deemed delivered and effective when sent to the mobile number or email address provided by you on your account. If you change this mobile number or email address, you must update your contact details on your personal settings page.
14.6 Survival - The provisions of these Terms of Use that are expressly or implicitly intended to survive termination, shall survive any expiration or termination of this Agreement.
14.7 Governing law and jurisdiction - These Terms of Use shall be governed by and construed in accordance with the laws of Belgium and the Parties hereto submit to the exclusive jurisdiction of the competent courts of Antwerp (Antwerp division).
