Terms & conditions
ACADEMIC SOFTWARE GENERAL TERMS AND CONDITIONS
The following definitions will be used throughout these General Terms and Conditions:
- Academic Software: Academic Software bv, having its registered office at Wolfsakker 5A in 9160 Lokeren, Belgium, and with Crossroads Bank of Enterprise number 0635.738.394;
- Platform: the online Academic Software platform with URL www.academicsoftware.eu from which Academic Software enables the User to download the Software;
- User: a natural person who has registered on the Platform and has been granted the ability to make use of the services provided by Academic Software via his/her educational institute;
- Educational Institute: the educational institute that has concluded an agreement with Academic Software enabling it to make use of specific software and offer this to its teachers and students (the Users) via the Platform;
- Software: the software that the educational institute allows the User to download via the Platform;
- Personal data: all data that enables a natural person to be identified within the meaning of Regulation (EU) 2016/679 of the European Parliament and the European Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
These General Terms and Conditions apply to the registration, use and termination (of the use) of the Platform by the User wishing to use the Platform and who has been granted the ability to do so via the Educational Institute.
The User accepts and acknowledges that Academic Software shall provide the surname, first name and email address he/she has used for registration purposes to the Educational Institute, purely with the intention of enabling the Educational Institute to invoice the User.
The Platform may contain hyperlinks and software downloads through which you will leave the environment of Academic Software and be redirected to the website of a licence holder of the Software or another third party. Academic Software has no control over the services and/or websites of licence holders of the Software or any other third parties to which these links apply.
Academic Software reserves the right to make amendments to these General Terms and Conditions at any point in time and will inform the User of such amendments. If any provision of these General Terms and Conditions is declared invalid or void, this will not affect the validity of the other provisions.
- Registration and use of the Platform
Users registering to make use of the Platform must agree to these General Terms and Conditions.
Users are able to make use of the login system of their school or another identity provider (e.g., Google, Microsoft, Smartschool, etc.) in order to log into the Platform. Academic Software cannot be held liable for any problems that Users may experience with these accounts.
The use of the Software may also be subject to the terms and conditions of the licence holders of the relevant Software. In such cases, the User will be required to accept these terms and conditions upon downloading the Software.
The User may not share his/her login data with third parties and must keep this information strictly private.
Academic Software retains the right at all times to implement changes, adjustments, extensions, updates, etc. with regard to the Platform.
Use of the platform is at the User’s own risk. Users may only use the Platform if and insofar as they have been granted permission to do so by the Educational Institute.
- Intellectual property rights
All intellectual property rights, including copyrights, brands, logos, software, data banks, source code, models, drawings, patents, etc., whether registered or not, concerning the content and composition of the Platform and the Software, are the property of Academic Software or the licence holders of the Software and may only be used in connection with the services offered via the Platform.
Academic Software will grant the User a non-exclusive, non-sublicensable and non-transferable licence for the use of the Platform. The User may not provide, sell or rent the Platform or the Software to third parties, or subject the Platform or the Software to reverse engineering or make any adjustments to the Platform or the Software without Academic Software’s prior written consent. The User may also not remove or circumvent any technical provisions that were installed to protect the Platform (or have these removed or circumvented by a third party).
No single element of these General Terms and Conditions may be construed as a transfer of these intellectual property rights. It is only a right to use the Platform that is granted, within the restrictions as set down in these General Terms and Conditions.
The Platform is available in its current condition and shall be used exclusively for the purposes for which it was intended. These purposes are general, and in no way adapted to individual situations.
Every download of the Software by the User via the Platform is always at the individual risk and exclusive responsibility of the User. Academic Software is not liable for any damage caused by these Software downloads and the further use of the Software.
Academic Software will make all reasonable efforts to ensure the availability of the Platform and to minimise the risk of any inaccuracies, interruptions or malfunctions. Academic Software may in no way whatsoever be held liable for inaccuracies, disruptions, malfunctions, modifications or other flaws with regard to the offering, execution or operation of the Platform, barring deliberate errors on the part of Academic Software.
Academic Software may only be held liable in the event of a serious or deliberate error attributed to itself with regard to the fulfilment of its obligations. This liability is limited to direct damage arising from the shortcomings and subject to a maximum liability amount equal to the amount that the insurer would have paid out in such a case.
Academic Software may in no way be held liable for any form of indirect damage arising from its shortcomings. Indirect damage is defined here as every case of consequential damage, lost profits, financial or commercial losses, an increase in general costs, increased personnel costs, and/or loss incurred through missed opportunities. This list is purely indicative and certainly not exhaustive.
The User expressly accepts that Academic Software will also be able to directly refuse to comply with any exemption clause or warranty limitations included in any terms and conditions of the licence holders of the Software vis-à-vis the User.
The User will indemnify Academic Software against all claims lodged by any licence holder of the Software or any other third party due to a breach on the part of this User of the terms and conditions accepted by the User upon downloading the Software.
Academic Software may also not be held responsible for erroneous use of the Platform by the User, or for the provision of the services (or failure to provide these services) on the part of the licence holders of the Software or other third parties.
- Force Majeure
Academic Software is ipso jure released from and not liable for fulfilling any obligation in the event of force majeure. Force majeure is defined herein as a situation in which Academic Software’s ability to execute the agreement is impeded, whether in whole or in full, temporarily or permanently, on account of circumstances beyond its control, even if these circumstances could already be foreseen at the time of entering into the agreement. Without being exhaustive, the following will all be construed as cases of force majeure: technical problems encountered by the licence holders of the Software, electrical, IT, internet or telecommunication malfunctions, decisions or interventions made by government bodies (including the rejection or cancellation of a permit or licence) or errors or delays attributable to third parties. Academic Software is not obliged to prove the unattributable and unforeseeable nature of the circumstances comprising the force majeure.
In the event of force majeure, Academic Software will have the right to suspend its obligations or to terminate the agreement without any legal intervention being required. This does not entitle the User to any form of compensation for loss or damage.
Force majeure is also deemed to be any situation that renders the execution of the agreement by Academic Software impossible, or so unreasonably difficult and/or unreasonably long that the execution of the agreement cannot reasonably be enforced under the same conditions as those under which it was entered into.
The User may terminate the use of the Platform at every moment, free of charge, by sending an email to email@example.com.
Academic Software reserves the right, at all times and without any prior notice required, to change the content of the Platform, to interrupt access to the Platform (in whole or in part) and/or to terminate the agreement with immediate effect without any entitlement on the part of the User to derive any rights from this. This applies even more specifically in the event of a failure to fulfil the provisions under these General Terms and Conditions, a failure to pay invoices by their due date or misuse or deception on the part of the User in relation to the Platform.
- Applicable law and settlement of disputes
The registration, use (and termination of the use) of the Platform, and additionally all possible disputes in connection with this, are subject exclusively to Belgian law.
All disputes arising from or in connection with the use of the Platform will be settled exclusively by the district courts of Kortrijk.
If you have any questions about this Platform or these terms and conditions, please contact Academic Software by email at firstname.lastname@example.org.
In addition to the Software, the User will also be able to obtain a licence for additional software from Academic Software. These special provisions, which the User shall accept, will apply to these licences.
Where applicable, Users accept that they will be additionally bound vis-a-vis Academic Software and/or the manufacturer of the relevant software, at his/her own account and risk, in connection with the licence to the additional software.
- Types of licences
Depending on which additional software the User wishes to download, the User will enter into one or more of the following agreements:
- Either: the User will buy a voucher from Academic Software for a one-year licence from the manufacturer of the relevant additional software.
In this case, the User will leave the Academic Software environment and be directed to the website of the manufacturer of the relevant additional software. Academic Software has no control over the services and/or websites of the manufacturer of the software to which these links apply.
- Or: the User will purchase a licence from Academic Software for the relevant additional software, for which the User will pay Academic Software a one-off fee.
Academic Software will sell the User, subject to these General Terms and Conditions, a limited, non-sublicensable, non-transferable and non-exclusive licence to install the relevant additional software, which will be used exclusively for personal, non-commercial objectives.
Users acknowledge that a one-off fee will be due for this.
- Or: the User will purchase a one-year licence from Academic Software for the relevant additional software, for which the User will pay Academic Software an annual fee.
Academic Software will provide the User, subject to these General Terms and Conditions, a sublicence for the installation of the relevant additional software, to be used exclusively for personal, non-commercial objectives.
Users acknowledge that an annual fee will be due for this sublicence.
The licence will be valid for a period of one (1) year. After one (1) year, the licence will be automatically extended for successive one-year periods. The User may terminate the licence at the end of each one-year period, subject to a mandatory notice period of one (1) month prior to the end of this period.
Any termination, for whatever reason, will entitle Academic Software to demand payment for the full amount owed under the applicable licence agreement as if the entire licence period under this agreement had fully elapsed.
- Intellectual property rights
The relevant additional software and all worldwide copyrights, trade secrets and other intellectual property rights are the exclusive property of Academic Software and/or its licensors. Academic Software and its licensors reserve all rights pertaining to the additional software that have not been expressly granted to the User in these terms and conditions. The relevant additional software (and all copies thereof) will be licenced—and not sold—to the User subject to these terms and conditions.
The User may not provide, sell or rent the relevant additional software in question to third parties, or subject it to reverse engineering or make use of it for any commercial objectives whatsoever. The User may also not remove or circumvent the technical measures intended to protect the relevant additional software (or have these removed or circumvented by a third party) or copy or use the software for any purpose other than that for which it was expressly intended.
No single element of these terms and conditions may be construed as a transfer of these intellectual property rights. It is only a right to use the Platform that is granted, within the restrictions as set down in these terms and conditions.
Prices are listed in euros, exclusive of VAT and other duties or taxes. Payment must be made in advance and irrevocably via online payment methods (e.g. VISA) and will irrevocably commit the User to purchase the relevant item.
- The right to cancel an order
Users expressly accept that they shall waive their rights to cancel an order provided this concerns the delivery of digital content that is not supplied on a physical carrier.