These Terms and Conditions („Terms”) constitute a legally binding agreement between you as user of the Learning Management System (“You” or “Participant”), and GRAPHISOFT SE PRIVATE EUROPEAN COMPANY LIMITED BY SHARES, seated at Graphisoft Park 1, Zahony utca 7, H-1031 Budapest, Hungary; registered under registration number Cg. 01- 20-000001 by the Municipal Court, Budapest, Hungary, hereinafter: GRAPHISOFT) who is operating the Learning Management System (also referred to as the “LMS” or the “System”), concerning your access to and use of the Learning Management System.
Please read these Terms carefully before start using the Learning Management System operated by GRAPHISOFT.
Your access to and use of the Learning Management System is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users and others who access or use the Learning Management System.
By accepting these terms you declare that the information You provide in the course of using the LMS about Yourself is true, accurate, current and complete in all respects,. In case of invalid or non-existent data the contract with GRAPHISOFT shall be null and void and GRAPHISOFT excludes its liability in whole.
You hereby declare that you are above 18 years or the legal age in your country of nationality and you are fully capable to enter into binding agreement with GRAPHISOFT.
You agree by accessing the Learning Management System that you have read, understood, and agree to be bound by all if these Terms. If you disagree with any part of the Terms then you may not access the Learning Management System.
- 1. About the Learning Management System
The Learning Management System is available at learn.graphisoft.com (the “Site”).
The Learning Management System is a software application for the administration, documentation, tracking, reporting, and delivery of educational courses, training programs, or learning and development programs made available by GRAPHISOFT through the Site (hereinafter collectively referred to as the “Training(s)”).
Training materials mean any and all documents, videos, instructions, charts, information or programs available through the Site and used or useful in training or educating a Learner on the LMS regardless of whether such materials are made available in print, electronic media, online or otherwise.
You accept that Your registration according to the terms set forth herein is required to use the LMS. In order to log in to the LMS You need to have a valid GS ID registered in your own name. You can obtain a GS ID at ….
GRAPHISOFT hereby grants You a non-exclusive, revocable and limited right to use the LMS and access the Training Materials solely for the purposes of using the LMS in accordance with these Terms and additional terms applicable to such Training Materials, if any, for Your personal use only.
By accepting these Terms You expressly accept that the use of the LMS is subject to Fees and other charges as notified by GRAPHISOFTfrom time to time.
You represent and warrant that You are of legal age and You have full capacity to form a binding contract and are not a person barred from the use of the LMS under the laws of Your country. Upon registering for the LMS, and during the full term of Your registration, You agree to provide and maintain true, accurate, current and complete information about Yourself. If GRAPHISOFT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GRAPHISOFT has the right to suspend or terminate Your use of the LMS and refuse any and all current or future use of the without any legal consequences.
The intended exclusive purpose (fair use) of the LMS is to be a software application for the administration, documentation, tracking, reporting, and delivery of educational courses, training programs, or learning and development programs made available by GRAPHISOFT through the Site. GRAPHISOFT may set forth other specifications with regards to the fair use of the LMS that shall be complied by the Participant. The use of the LMS for any other purposes than the intended purpose, and/or non-compliance with the specifications set by GRAPHISOFT, shall constitute a breach of these TERMS use of the LMS without prior written notification or – in GRAPHISOFT's discretion - may offer an individual pricing to the Participant to accommodate different usage requirements.
You accept that GRAPHISOFT, as part of the development of the LMS and otherwise, shall have the right, in their sole discretion, and at any time
(i) to add new features,
(ii) add new third-party software components or
(iii) to modify or discontinue certain feature(s) of the LMS. Your continuous use of the LMS qualifies as acceptance of such modifications.
You are solely responsible to ensure adequate internet connection and hardware, software infrastructure necessary to the proper operation of the LMS. You also accept that GRAPHISOFT is not able to guarantee that the LMS is available and operating uninterrupted from any and all locations and jurisdictions due to technical and legal reasons.
2. Use and distribution of provided/downloadable Training Material
Only personal use of Training Material by the Participant is allowed, no business use is permitted (meaning for example use for the purposes of You providing training, consultancy through the Site or by using any part of the Training Material, reselling the Training Material in part or in whole, etc.). Unless written permission has been provided by GRAPHISOFT, any kind of distribution of the Training Material in whole or in part of as part of a LMS is also prohibited.
Unless otherwise expressly permitted by GRAPHISOFT the Training Materials cannot be downloaded.
The recording of live Trainings or non-downloadable recorded Trainings made available by GRAPHISOFT through the LMS is not allowed.
4. Change of dates and other terms
GRAPHISOFT reserves the right to change the dates of the Trainings without any consequences.
5. Use of licensed software.
Only licensed software shall be used for attending the Trainings and participating in the exams on LMS. Using unlawful and/or unlicensed software for the purposes of the LMS is a material breach of these Terms which gives the right for GRAPHISOFT to terminate this Agreement and terminate the Participant’s use of the LMS in GRAPHISODFT’s sole discretion without any legal consequences.
GRAPHISOFT excludes any and all liability related to the unlawful and/or unlicensed use of software products in scope of the LMS by Participant.
6. Limitation of liability
GRAPHISOFT is not responsible for any damages caused by the Trainings and Training Material provided through the Site. GRAPHISOFT does not take responsibility for those damages either occurring by the application of the learnt, discussed, suggested workflows, methods.
Participant expressly agrees that GRAPHISOFT shall not be liable for any unavailability or malfunctioning of the Site and/or LMS and in particular for any delay in processing orders for Trainings.
7. Intellectual Property
By registering to the LMS the Participant expressly accepts that GRAPHISOFT and its licensors shall retain all right, title and interest in the GRAPHISOFT product(s), the traiings and Training Materials and any other knowledge either disclosed to the Participant during or in relation to the use of the LMS or otherwise throughout the world, including without limitation, patent, copyright, trademark and trade secret rights related thereto (“GRAPHISOFT IP”). Except as expressly set forth by GRAPHISOFT, neither this document, nor any license shall be construed as granting to Participant any license or other right in or to any patent, copyright, trademark, trade secret or other proprietary right of GRAPHISOFT or its licensors. Participant shall take all reasonable measures to protect GRAPHISOFT’s proprietary rights in the GRAPHISOFT IP and shall not copy, use or distribute the GRAPHISOFT IP or any part of it, or any derivative thereof, in any manner or for any purpose, except as expressly authorized in this document. Participant shall not disassemble, decompile, or reverse-engineer the GRAPHISOFT IP, including any source codes, or otherwise attempt to discover any GRAPHISOFT trade secret or other proprietary information.
The Participant shall pay the Fees to GRAPHISOFT in advance of the training the Participant signs up for according to the relevant payment terms defined by GRAPHISOFT on the Site. The Fees shall be charged to the Participant's credit card on the billing date defined by GRAPHISOFT on the Site (“Billing Date”). If payment cannot be taken on the Billing Date, then participant cannot take part in the selected Training.
Fees indicated on the Site exclude taxes which will be automatically added by the GRAPHISOFT (where applicable) at the applicable current rates. The Participant is responsible for the timely payment of any taxes, levies or other similar payments required in its jurisdiction, and Participant indemnifies and holds GRAPHISOFT harmless against any claims by any tax authorities for any underpayment or any tax or levy, and any penalties and/or interest.
Fees are subject to change at any time by GRAPHISOFT; however, GRAPHISOFT will give the Participant adequate advance notice of any fee changes. GRAPHISOFT will not be liable to the Participant or any third party for any changes to Fees.
9. Liability, Force Majeure
- a. GRAPHISOFT does not assume any liability and responsibility for and in relation to the LMS provided by GRAPHISOFT. In particular GRAPHISOFT excludes any and all liabilities in relation to the professional advice and guidelines provided by GRAPHISOFT’s employees to the Participant and any damages suffered by the Participant or Participant’s belongings in relation to the use of the LMS. GRAPHISOFT does not guarantee to the Participant that he/she will reach the goals set as the goals of the LMS. Nor GRAPHISOFT is responsible for the use of the knowledge gained through the Site or the applicability of this knowledge.
- b. To the extent permitted by the applicable rules of law GRAPHISOFT excludes any and all liabilities related to damages, injuries suffered by Participant caused by breach of GRAPHISOFT’s obligations. Notwithstanding the foregoing, GRAPHISOFT cannot limit or exclude its liability for premeditated non-performance of an obligation resulting in loss of life, or harm to physical integrity or health.
- c. Force Majeure. Neither the Participant nor GRAPHISOFT shall be liable for any failure or delay in performance of its obligations under these Terms and Conditions arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication systems, accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the System of a failure or delay GRAPHISOFT shall use its best efforts to ameliorate the effects of any such failure or delay. In case of force majeure GRAPHISOFT reserves the right to unilaterally decide on the cancellation or modification or on the postponing of the System without any obligations to repay any fees already paid or compensation for damages or expenses. In case of postponing or modification of the System by GRAPHISOFT the fees already paid to GRAPHISOFT are re-booked by GRAHISPOFT to the modified/postponed System. GRAPHISOFT reserves the right to unilaterally decide whether a circumstance qualifies as force majeure or not. GRAPHISOFT’s aggregate liability cannot exceed the actual amount paid by Participant to GRAPHISOFT.
- d. Cancellation/modification/Postponing the Trainings GRAPHISOFT or cancelation by the Participant. GRAPHISOFT may cancel, modify or postpone the System in its own discretion for any reasons other than force majuere, in which case GRAPHISOFT shall only be obliged to repay the following percentage of the registration fees paid by Participant. For any reasons other than force majeure Participant may also cancel its participation to the System in which case GRAPHISOFT shall be obliged to repay the following percentage of the registration fees paid by Participant. In case of cancellation/modification/postpononing by GRAPHISOFT the Participant is not entitled to any compensation for damages or expenses occurred at Participant.
CANCELLATION PERIODS (until number of days prior to the Training)
% OF THE FEE TO BE REPAID BY GRAPHISOFT
IN CASE OF CANCELATION/MODIFICATION/POSTPONING OF THE TRAINING BY GRAPHISOFT
% OF THE FEE TO BE REPAID BY GRAPHISOFT IN CASE OF CANCELATION BY PARTICIPANT
GRAPHISOFT is not obliged to satisfy any other claim(s) raised by Participant related to the cancellation/modification/postponing of the selected Training by GRAPHISOFT.
10. Data Protection
11. Your rights as Consumer
Each party acknowledges that the services provided by GRAPHISOFT through the Site are designated for Your professional use and in such case the provisions of the Hungarian Consumers Code (Act of CLV 1997) does not apply. Anyway, the domestic use is not forbidden, in this case you are a “consumer” under the 2. § letter a) of the Hungarian Consumer Code and You are entitled to exercise the rights provided by the applicable law and in particular in this section 11.
GRAPHISOFT makes available these Terms and Conditions for You on its website at: […]
By accepting these terms You submit an offer to GRAPHISOFT and this offer takes effect when it becomes available for GRAPHISOFT. After placing an order and successfully completing the checkout process You shall be redirected to a confirmation page and GRAPHISOFT sends a confirmation email without delay, but not later than within forty-eight (48) hours from the time of placing your order. Usually, this message is shown in the webshop window after the payment method was successfully completed, with the wording “Your order is confirmed”. Such email contains your order’s details.
By sending GRAPHISOFT’s confirmation to You a contract concluded via the internet enters into force between You and GRAPHISOFT. GRAPHISOFT will register and archive this contract, so it can be available and retrievable later. In case the consumer wants to receive it in hard copy, should print out “The order confirmation”, which will appear on the screen, after the order has been sent.
GRAPHISOFT is not liable for late confirmation if the confirmation delay is due to a false or incorrect email address provided by the consumer during the registration process, or the email account is not able to accept messages because the inbox is full.
The contract is entered for limited period of time and may be terminated due to the reasons indicated above. Furthermore it shall terminate automatically in case of fulfillment thereof.
You are entitled to exercise warranty rights in case of defective performance by GRAPHISOFT according to the following conditions:
- You have the option:
a) to choose either repair or replacement, unless compliance with the chosen warranty right is impossible or it results in disproportionate expenses on the part of GRAPHISOFT as compared to the alternative remedy, taking into account the value the service would have had there been no lack of conformity, the significance of the non-performance, and the harm caused to You upon compliance with the warranty right; or
b) to ask for a commensurate reduction in the consideration, or to withdraw from the contract if GRAPHISOFT refuses to provide repair or replacement or is unable to fulfill that obligation under the conditions described herein, or if repair or replacement no longer serves Your interest.
- please note that You are not entitled to withdraw from the contract if the lack of conformity is minor.
-any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to You, taking account of the nature of the goods and the purpose for which You required the thing.
- You are entitled to switch from the warranty right he has selected to another. The cost of switch-over shall be covered by You, unless it was made necessary by GRAPHISOFT’s conduct or for other reasons.
- You are required to inform GRAPHISOFT of any lack of conformity without delay. If notification of the lack of conformity is made within two months of the time it is detected, it shall be deemed to have been made in good time. You are liable for any damage that results from late notification.
- Your right to warranty shall lapse after two year from the delivery date.
You hava the right to withdraw from contract under the following conditions:
- - the right of withdrawal cannot be exercised by a non-consumer entity, i.e. an enterprise, namely such entity which acts in the scope of its profession, independent occupation or its business activity;
- - the consumer has the right of withdrawal from the contract within 14 days without giving any reason (“Cancellation Period”);
- - the consumer may not exercise the right of withdrawal regarding services provided through non tangible medium if GRAPHISOFT started the fulfillment with explicit and prior consent of the consumer and the consumer has declared its approval;
- - in case of a written withdrawal, it shall be deemed submitted in time if the consumer sends it before the expiry of the above written Cancellation Period;
- - in case of withdrawal the GRAPHISOFT is obliged to refund the fee to the consumer forthwith, but no later than 14 days after a notice of withdrawal received.
In case you have any question relating to your consumer rights and in particular the right of withdrawal please contact our customer service available at [...]@graphisoft.hu, tel.: 064-098-1105 (which can be called at standard price). Postal address of the customer service center: Graphisoft Park 1, Zahony utca 7, H-1031 Budapest, Hungary.
In case of dispute, the jurisdiction applicable will be the place where the consumer is resident or has his domicile of choice.
The consumer can submit his/her complaint also to the Hungarian Consumer Protection Authority as follows:
Budapest Főváros Kormányhivatala, V. Kerületi Hivatal, Fogyasztóvédelmi Főosztály
Address: 1051 Budapest, Sas u.19. III. em. Hungary
Telephone number: +36 1 450-2598
The consumer can submit the complaint also to the Hungarian Conciliation Body as follows:
Budapesti Békéltető Testület
Address: 1016 Budapest, Krisztina krt. 99.
Telephone number: +36-1-488-2131
Facsimile number: +36-1-488-2186
I, the consumer hereby declare to have thoroughly read all the terms and condition under the Agreement hereto and to specifically accept and approve the provisions under the following clauses: 2. (Use and distribution of provided/downloadable Training Material); 3. (Recordings); 4. (Change of dates and other terms); 6. (Limitation of liability); 9. (Liability); 10. (Data protection), 11. (Rights of consumer), 12. (Law and jurisdiction).
12. Law and Jurisdiction
Any questions not governed by this document shall be resolved pursuant to the applicable Hungarian legislation, and in particular pursuant to the Hungarian Civil Code. The Parties agree that all disputes arising from, or in connection with, the present document shall be decided by, and all claims concerning this document will belong to, the exclusive jurisdiction of the ordinary courts of Hungary.
* * *