WEBSITE GENERAL TERMS AND CONDITIONS
E-LEARNING ACADEMY (ELEACA)
The following are E-LEARNING ACADEMY’s general terms and conditions of use of the website (hereinafter referred to as “Terms and conditions”). E-LEARNING ACADEMY (hereinafter ELEACA) is a company established in Belgium, having its offices at 22, box C Rue Lincoln, 1180 Brussels, Belgium registered in Belgium under number 0737.480.706.
« E-learning From Scratch» is a commercial name that ELEACA used.
B. Definitions, application and use
The “website” is the website available at the following link : https://www.elearningfromscratch.com/
The term “user” refers to any user, whether a natural person or legal entity, registered or not on the website, who consults the website and/or its content, downloads and/or uses its files and registers via any form available on the Website, becomes a member, subscribes or contracts with ELEACA.
ELEACA means any trademark, trade name or website for which ELEACA is responsible or which belongs to ELEACA (including E-learning From Scratch).
These terms and conditions are binding between the user and ELEACA with respect to the use of the website. It is important that you read them carefully.
In order to use the website, the User must first agree to these terms and conditions. Use of the website constitutes acceptance of these terms and Conditions. User acknowledges and agrees that ELEACA may consider its use of the website as acceptance of these terms and conditions.
C. Information and confidentiality
The user declares that he/she has received from ELEACA all the information and advice necessary to properly operate the website.
Access to the website is possible by computers with an updated software version (browser, operating system, etc.). ELEACA does not guarantee any compatibility and shall not be liable in any way if the user cannot consult and/or use all or part of the website or its content, for any reason whatsoever.
Consequently, it is the user’s responsibility to foresee the necessary equipment and, eventually, human resources to ensure his accessibility to the Website.
Additional rules and guidelines will be deemed to form part of these terms and conditions. The user is therefore advised to regularly refer to the latest version of these terms and conditions, which are permanently available on the site.
By accessing the site, the user agrees to provide accurate, up-to-date and complete information and to ensure that it is regularly updated. ELEACA is in no way responsible for any failure to do so since it is the user who provides this information.
D. User’s rights
In the context of the user’s access to the website or its content, the user is expressly forbidden, in any way whatsoever and whatever the technical means used, to:
- attempt to obtain access to parts of theWebsitethat are not made accessible to the public;
- take any action that, at any time, could compromise the proper functioning of the Website in any way whatsoever;
- use any (automatic) system whatsoever, such as, without this list being exhaustive, “robots”, “spiders”, “offline readers”, etc.,
- post, upload, send, forward, email or communicate in any other way, any content that is unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, hateful, racist, or otherwise damaging, threatening the privacy of others;
- consult, post, download, upload, send, forward, email or communicate in any other way, any content contrary to international laws in force;
- attempt to mislead other Users by usurping the name or corporate name of others;
- harass in any way whatsoever another user or several other users;
- upload, post, send, forward, email or communicate in any other way, any violent content, patent, trademark, trade secret, intellectual property right or other ownership right of third parties;
- upload, post, send, forward, email or communicate in any other way, any material containing computer viruses or any other code, file or program designed to interrupt, destroy, interfere with, disrupt, or limit the functionality of any software, computer, service, server, network or telecommunications tool, without this list being exhaustive;
- take any action leading to a disruptive effect that impairs the ability of other Users to access the Website;
- hinder or disrupt the service, servers, networks connected to the service, refuse to comply with the requirements, procedures, general rules or regulatory provisions applicable to networks connected to theWebsite;
- collect, store or process personal data relating to other Users.
E. ELEACA’s obligations
ELEACA makes its best efforts to ensure that the website remains accessible, at all times, to a normal number of users, but cannot be held liable for any direct or indirect damage related to a modification, suspension or interruption of access to the Website, for any reason whatsoever. ELEACA makes its best effort to ensure that the data and documents on the Website are complete, accurate and up to date. Errors and/or deficiencies and/or outdated data can never be excluded and, therefore, ELEACA does not give any guarantee in this respect.
ELEACA warrants that the elements, services and features made available to user substantially comply with generally accepted standards, and that the software and all elements created by ELEACA and made available to user respect the rights of third parties and in general are not illegal.
ELEACA is bound by an obligation of means. ELEACA provides the Service with reasonable care and skill. ELEACA shall not be held liable for any direct or indirect damage that the User may incur when using the Website, the sites linked to it, and/or the content that has been made available. Furthermore, ELEACA shall only be held liable for his intentional wrongs or negligence. ELEACA shall not be held liable for the intentional wrongs or negligence committed by its employees, principals and, as a general rule, its executive agents.
The User shall guarantee ELEACA against any claim, in any of the following cases:
- loss of opportunities or income of any kind following the operation or non-operation, use or non-use of theWebsite, or the content contained therein or intended to be contained therein;
- illegal or unauthorized intrusion by any third party into ELEACA’s web server orwebsite;
- introduction of a computer virus into the web server or on theWebsite;
- temporary bandwidth congestion;
- interruption of the Internet connection service for reasons beyond the control of ELEACA.
The User recognizes and accepts that the functionalities offered through the Website might be subject to change. Thus, some of these functionalities might be deleted and others might be added, without the User being able to consider that access to a functionality does not constitute an acquired right. ELEACA will decide whether it is appropriate to include or delete any content presented on the Website.
F. Access and use of theWebsiteand its content
The User has the right to consult the Website and its content for personal or professional purposes only. As such, the User will benefit from a personal license which will grant him the right to use the Website and its content. The personal license is non-assignable and non-transferable. The personal licence can only be use for personal or professional purposes. The duration of the User license is limited to the duration of the User’s access to the Website.
The services available on the website are accessible to adults, or to persons over the age of 16 years on the condition that they present an authorization to do so from a parent or legal guardian.
The concept, information, content, layout, structure, source codes, programming, images, photos, information, elements of information, logos, designs, trademarks, models, slogans, software, animations, audio-visual works, texts, data, database, music and all other elements of the Website and, in general, the content and structure of the Website belong to, are and remain the exclusive property of ELEACA, and are protected by various intellectual and/or industrial property rights (including copyright, trademark law, the sui generis right of the database producer, etc.)), which the user acknowledges and accepts.
Unless expressly authorised to do so by ELEACA and/or the relevant third party, the user is not permitted to modify, reproduce, rent, lease, borrow, sell, distribute or create derivative works based in whole or in part on the materials on the site. It is therefore prohibited (and the user may not grant permission to others) to copy, modify, create a derivative work, reverse engineer, reverse assemble or otherwise attempt to locate the source code, sell, assign, sub-license or transfer in any manner whatsoever any right relating to the site and its content, including but not limited to any right relating to the software.
ELEACA reserves the right, at any time and for any reason whatsoever, to modify or interrupt temporarily or permanently all or part of access to the Website without being required to inform Users in advance. This will be the case, for instance, in the event of maintenance of the Website or major changes in its content and/or functionalities.
ELEACA shall not be liable for any direct or indirect damage resulting from any modification, suspension or interruption of access to the site for any reason whatsoever.
The Website may contain links to other websites over which ELEACA has no technical or content control. The User remains solely responsible for his decision to activate these links.
Therefore, ELEACA does not guarantee the accuracy and completeness of the content, the access and the availability of these other websites, the external links to which they refer, or the consequences that may result from the consultation and/or use, in any way whatsoever, of these other websites. It is therefore the exclusive prerogative of the User to determine whether it is appropriate to visit these websites.
By using personal data when contacting ELEACA, the User acknowledges and understands that ELEACA has a legitimate interest to process these personal data in order to answer to the User.
G.1. Force majeure
ELEACA shall not be held liable, either on contractual or extra-contractual basis, in the event of temporary or definitive failure to fulfil its obligations where such failure results from force majeure or fortuitous circumstances. A situation of force majeure is an external, unforeseeable, irresistible event that makes the performance of an obligation absolutely impossible.
The titles used in these terms and conditions are for reference and convenience only. They shall not affect in any way the meaning or scope of the provisions they designate.
The illegality or invalidity of any article, paragraph or provision (or part of an article, paragraph or provision) shall not affect in any way the legality of the other articles, paragraphs or provisions of these general conditions, nor the remainder of such article, paragraph or provision, unless there is an obvious contrary intention in the text. If any part of these general terms and conditions is considered to be completely invalid, ELEACA shall to replace the invalid provision by a provision of an equivalent nature.
G.4. Entire agreement
These general terms and conditions represent the entire agreement between the parties. A declaration, representation, promise or condition which is not contained in these general terms and conditions cannot and should not be accepted to contradict, modify or affect in any way the terms of these general conditions.
ELEACA reserves the right to change the provisions of these terms and conditions of use at any time. Changes will be published directly on the site.
ELEACA’s failure to exercise or enforce any right or remedy provided for in these general terms and conditions (or available to ELEACA under any applicable law) shall not constitute a formal waiver of its rights, and such rights and remedies shall remain valid and enforceable against ELEACA.
These general conditions are written in English and may be translated into other languages. In this case, only the English version is authoritative.
G.8. Relevant legislation and competent jurisdiction
These general terms and conditions are subject to Belgian law.
In the event of a dispute relating to the validity, interpretation, execution or termination of these general terms and conditions, only the courts of the judicial district of Brussels will have jurisdiction.
Effective as of January 01, 2020.