TERMS OF USE - TECNOTREE ACADEMY
These Terms of Use (the “Terms”) shall be effective from 23rd May 2022
Introduction
1.1. Tecnotree OYJ and/or its affiliates (collectively called as “Tecnotree”) provides this Tecnotree Academy platform (“Platform”) to its employees and customers with the vision of improving their knowledge and ability to productively utilise the various products and solutions offered by Tecnotree (hereinafter referred to as “Products” which shall mean and included software, content and digital materials created by Tecnotree for use in connection with Tecnotree). Tecnotree is hosting a variety of educational material on the Platform with respect to the Products and providing access to the User (defined below) to educate the User about the Products (“Services”).
1.2. This Platform is owned, controlled, and operated by Tecnotree and hence, Tecnotree reserves the exclusive right to determine the use of this Platform and the activities and various services carried out on the Platform.
1.3. These Terms establish certain rules to be followed by the customers, employees and any other person browsing, accessing or using the Platform (collectively called as “you” / “User/s”) to keep the Platform and Services provided thereon safe and accessible for the permitted Users. These Terms shall be applicable to all the Users’ activities on the Platform, mobile applications, if any. By acceding the Platform, the Users will be executing a legally binding agreement with Tecnotree to strictly adhere to these Terms. Tecnotree reserves the right to restrict or abstain any User from using the Platform if they do not accept these Terms or refuse to be bound by them.
1.4. You accept the Terms by either (a) clicking to agree or accept where these options are presented to you, or (b) actually using the Platform. Please do not use the Platform unless you agree to the Terms. In the event that the User refuses to accept these Terms, the User must refrain from accessing the Platform and utilising its Services. You are solely responsible for your use of the Platform and any Products and Services, any breach of your obligations under the Terms, and for the consequences (including loss or damage of any kind which Tecnotree may suffer) of any such breach.
1.5. This Platform is for personal use and learning only. You are solely responsible for all fees associated with purchases you make in the Platform (if any). Users are not permitted to conduct any such activity which is prohibited by the Platform or as per applicable laws.
1.6. Users agree and acknowledge that Tecnotree shall have the right all the times to change or discontinue any or all Product, Services, aspect, or feature of the Platform, including without limitation to the third party generated content, if any at its sole discretion and without any notice to the User. Tecnotree further reserves the right to terminate Users’ account and / or restrict their access to the Platform if the User chooses not to provide / partially provide the information requested by Tecnotree.
ACCOUNT CREATION AND ACCESS
2.1 In order to access the Platform and to use the Services provided on the Platform, Users will be required to register and create an account on the Platform by providing the requested details. However, for the sake of clarification, Users are requested to note and understand that Tecnotree does not ask for any banking or credit/debit card details.
2.2 To register on the Platform the User must meet the ‘Minimum Eligibility to use the Services’ (specified hereinbelow). By using the Platform, the Users through their actions, affirm that all the eligibility criteria are met.
2.3 User can register on the Platform for free however, certain Services offered on the Platform may be chargeable. Users are required to review the details of the Services offered and the charges thereof, if applicable, on the Platform.
2.4 Further, the permission given by Tecnotree to access and use the Platform under these Terms is subject to the following conditions and the User agrees that the User shall:
2.4.1 not distribute in any medium any part of the Platform in whole or in part, or the content provided thereon without Tecnotree’s prior written permission;
2.4.2 not alter or modify any content or Services provided on the Platform;
2.4.3 not access any account or content of any other User through any technology or means other than the Tecnotree permitted use which the User has legitimate access to.
2.5 User shall not use the Platform for any of the following commercial uses, without the express prior written approval of Tecnotree:
2.5.1 the sale of access to the Platform;
2.5.2 the sale of advertising, sponsorships, or promotions placed on or within the Platform;
2.5.3 the sale of advertising, sponsorships, or promotions of any third-party page or website through the Platform.
2.6 Users agree not to collect or harvest any personally identifiable information, including account names, from the Platform, nor use the communication systems provided by the Platform, except in the manner mentioned herein.
2.7 User may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information on the Platform, provided that the content is not illegal, obscene, threatening, defamatory, invasive of another person’s privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam or any other form of activity which falls under the category of ‘Strictly Prohibited Activities on the Platform’.
2.8 Notwithstanding the above, Tecnotree reserves the right to terminate/restrict a User’s account on the Platform at any time with or without notice at its sole discretion, at no liability towards the User.
3. MINIMUM ELIGIBILITY TO USE THE SERVICES
The User must fulfil the following stated ‘Age requirements’ for the eligible use of the Platform:
3.1 If the User is a resident of India or any other country (except USA, UK or EU countries), then the User must have attained at least 18 (eighteen) years of age to register and use the Platform.
3.2 If the User is a resident of the European Union (EU) country and has attained at least 16 (sixteen) years of age, then the User is permitted to register and use the Platform.
3.3 If the User is a resident of the United States of America (USA) or United Kingdom (UK) and has attained at least 13 (thirteen) years of age, then the User can register and use the Platform.
3.4 Tecnotree reserves the right to terminate the permission/ block the account and / or restrict the User’s access to the Platform if it is discovered that the User does not meet the Age Requirements. The User acknowledges that Tecnotree does not have the responsibility to ensure that the User conforms to the aforesaid Age Requirements. It shall be the sole responsibility of the User to ensure that the required qualifications are met.
4. STRICTLY PROHIBITED ACTIVITIES ON THE PLATFORM
The following shall comprise as strictly prohibited activities on the Platform:
Payment Terms and Refund Policy
4.1 A User shall not post any such content on the Platform:
4.1.1 which is fraudulent, indecent, or libellous, or has a potential or is defaming, harassing, discriminating, harming, or threatening other Users or public at large in any form whatsoever
4.1.2 that discusses or incites or abets illegal activities, with or without the intent to commit them;
4.1.3 that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties or Tecnotree;
4.1.4 that the User does not have the right to disclose to public;
4.1.5 that is of such a nature which is disrespectful, pornographic, obscene, indecent, or unlawful;
4.1.6 which is advertising or in any form is capable of commercial solicitation
4.1.7 which is related to biased political activities or hatred;
4.1.8 that contains intentionally inaccurate information or that is posted with the intent of misleading others;
4.1.9 which contains viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information from the Platform;
4.1.10 That consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts)
4.1.11 That violates the rights of other Users of the Platform
4.1.12 that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
4.2 User shall not access or use the Services or create an account for unlawful purposes. User’s use of this Platform or the Services and Uder’s behaviour on the Platform must comply with applicable local or national laws or regulations of their country. Users are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to them.
5. COPYRIGHT
5.1 In so far as is applicable, the certain contents of this Platform are copyrighted and belong exclusively to Tecnotree. Any content apart from Tecnotree’s content has been purchased by Tecnotree and the rights to use the same have been granted to Tecnotree. Any rights not expressly granted herein are fully reserved. Any reproduction, transfer, dissemination, or storage of part or all the Tecnotree Content in any form without the prior written permission of Tecnotree is strictly prohibited.
5.2 The User is not permitted in any manner whatsoever to distribute, modify, transmit, re-post, or use the content of the Platform, including the text, images, audio, and video, for public or commercial purposes without Tecnotree’s prior written consent.
5.3 In so far as is applicable, certain images displayed on the Platform are the exclusive property of Tecnotree and shall not be used without Tecnotree’s prior written consent. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
5.4 Tecnotree neither warrants nor represents that the User' use of any information, materials and/or data or any other contents displayed on the Platform will not infringe rights of third parties. Nothing contained on the Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Tecnotree Intellectual Property Rights (including, but not limited to any patent, trademark, trade name, copyright or trade secret).
6. TRADEMARKS
6.1 All rights in the Tecnotree products’ names, company names, trademarks, logos, product packaging, and designs of all Tecnotree or third-party products or services, whether or not appearing in large print of with or without the trademark symbol, belong exclusively to Tecnotree or to their respective owners and are protected from reproduction.
6.2 The absence of mentioning of any name, or logo, or brand is a registered trademark or service mark in no way implies that there is no protection of these marks, trade names, words, or signs.
6.3 Any product, process, method, or technology described in this Platform may be the subject of other intellectual property rights reserved by Tecnotree or a third party.
7. PERMITTED USE OF THE PLATFORM
7.1 All rights in the Tecnotree products’ names, company names, trademarks, logos, product packaging, and designs of all Tecnotree or third-party products or services, whether or not appearing in large print of with or without the trademark symbol, belong exclusively to Tecnotree or to their respective owners and are protected from reproduction.
7.2 Tecnotree hereby grants the Users a non- exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform for their own personal, non-commercial, and private use on an ‘as is’ basis in accordance with these Terms and applicable laws.
7.4 Except as expressly permitted under any of the Terms or otherwise in writing, User will not reverse engineer, disassemble, decompile, lease, reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform, any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) or the Products.
8. DISCLAIMER
8.1 Tecnotree provides this Platform to the Users to enhancing their knowledge and for productive learnings, however, Tecnotree does not have any kind of rights to review or edit the content for legal issues, and Tecnotree is and will not be in a position to determine the legality of content.
8.2 The User understands and agrees that if the User accesses such content, they rely on any information provided by such content at their own risk.
9. ASSIGNMENT
9.1 Tecnotree reserves the right at all the times to either to assign or subcontract all or part of its role under these Terms to one or more Tecnotree entities. Where Tecnotree has assigned or subcontracted all or part of its role, Tecnotree shall be responsible for any breach of these Terms by the relevant assignee or subcontractor.
10. INDEMNITY
10.1. You shall indemnify Tecnotree from and against all losses and damages that may be caused as a consequence of breach of any of the Terms and any other policies issued by Tecnotree.
11. TERMINATION
11.1 Tecnotree reserves the right, in its sole and exclusive discretion, to terminate your access to all or part of this Platform, with or without notice and without any liability.
12. PLATFORM SECURITY
12.1 Upon accessing the Platform, you further agree not to violate or take any action which might violate or attempt to violate the security of the Platform, including, without limitation:
12.1.1. Accessing data not intended for you or logging into a server or account that you are not authorized to access
12.1.2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
12.2 Violations of system, network or Platform security may result in civil or criminal liability. Tecnotree will investigate occurrences that may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violation.
13. NO WARRANTIES
merchantability and fitness for a particular purpose or non-infringement of Intellectual Property Rights (“IPR”).
13.2 Tecnotree makes no warranties or representations as to the accuracy of the contents of this Platform. Tecnotree shall not be held responsible for any action taken that is based on the information presented on the Platform, and all Users do so at his/her own risk. Tecnotree assumes no liability or responsibility for any errors or omissions in the content of the Platform.
13.3 Your use of and browsing in the Platform is at your own risk. Neither Tecnotree nor any other party involved in creating, producing, hosting or delivering the Platform is liable for any direct, incidental, consequential, indirect, or punitive damages arising out your access to, or use of the Platform and/or its contents.
13.4 Tecnotree also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to or browsing in the Platform or downloading of any materials, data, images, video or audio from the Platform.
13.5 Under no circumstances will Tecnotree or its managers and/or officers and/or employees be liable for any incidental, consequential or indirect damages arising out of the use or inability to use this Platform or any information contained on the Platform.
14. LIMITATION OF LIABILITY
14.1 Tecnotree will not be liable to You for any loss or indirect, or incidental damages relating to, arising out of, or in any way in connection with these Terms, Platform or Services.
15. DISCLAIMER
15.1 YOUR USE OF THE PLATFORM AND ANY PRODUCTS AND SERVICES OBTAINED THROUGH THE PLATFORM IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY STATED, TECNOTREE PROVIDES THE PLATFORM, PRODUCTS AND SERVICES “AS IS” AND “AS AVAILABLE.” TECNOTREE DOES NOT MAKE OR IMPLY ANY WARRANTIES OR COMMITMENTS ABOUT THE PLATFORM AND THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THE SPECIFIC FUNCTIONALITY AVAILABLE THROUGH THE PLATFORM OR THE PRODUCTS, THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEED.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 The User agrees to submit to the exclusive jurisdiction of the courts located in Finland as regards any claims or matters arising under these Terms. Tecnotree shall accept no liability whatsoever, direct or indirect, for non-compliance with the laws of any country other than Finland.
16.2 Any dispute relating in any way to User’s visit to the Platform or to Services provided by Tecnotree shall be adjudicated in Helsinki, Finland, and the User gives his/her explicit consent to subject to exclusive jurisdiction and venue in such courts.