“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”).
3.3 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.
6.1 As between the User and TEO, all Intellectual Property Rights pertaining thereto, are the exclusive property of TEO and/or its licensors.
In case you need technical support, you can contact your contact person within the TEO Client organization or send an e-mail to firstname.lastname@example.org
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.
10.4 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.
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.