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GLOBAL SKILLS FACTORY OY TERMS AND CONDITIONS |

GLOBAL SKILLS FACTORY OY

TERMS AND CONDITIONS

CHAPTER 1: INTRODUCTION

1.1 Purpose

These Terms and Conditions (“Terms”) govern your access to and use of the Global Skills Factory Oy digital platform (the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Platform.

1.2 Acceptance of Terms

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you are accessing or using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

1.3 Modification of Terms

Global Skills Factory Oy reserves the right to modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Platform. Your continued use of the Platform after the posting of changes constitutes your acceptance of such changes.

1.4 Additional Terms

In addition to these Terms, certain features of the Platform may be subject to additional terms and conditions. By accessing or using such features, you agree to be bound by the additional terms and conditions applicable to those features.

1.5 Language

These Terms may be presented to you in multiple languages. In the event of any inconsistency or conflict between translations, the English version shall prevail.

1.6 Questions

If you have any questions about these Terms or the Platform, please contact us at:  tech@globalskillsfactory.fi

CHAPTER 2: DEFINITIONS

2.1 Platform: Refers to the Global Skills Factory Oy digital platform, including its website, mobile applications, and any other digital services provided by Global Skills Factory Oy.

2.2 User: Any individual or entity who accesses or uses the Platform, including but not limited to registered users, visitors, and customers.

2.3 Registration: The process by which a user creates an account on the Platform, providing personal information and agreeing to these Terms.

2.4 Account: A user’s personal account on the Platform, created through the registration process, which enables access to certain features and services.

2.5 Content: Any information, data, text, images, videos, audio clips, software, or other materials available on or through the Platform.

2.6 Intellectual Property: All patents, copyrights, trademarks, trade secrets, and other intellectual property rights associated with the Platform and its content.

2.7 Third-Party: Any individual, entity, website, or service that is not owned or controlled by Global Skills Factory Oy.

2.8 Privacy Policy: The privacy policy governing the collection, use, and protection of user information on the Platform.

2.9 Fees: Any charges or payments required for access to certain features, services, or content on the Platform.

2.10 Content Guidelines: The rules and standards governing the submission, publication, and removal of user-generated content on the Platform.

2.11 Dispute Resolution: The process by which disputes between Global Skills Factory Oy and users are resolved, as described in these Terms.

2.12 Effective Date: The date on which these Terms become effective and binding upon users, as specified in Chapter 1.

2.13 Parties: Refers collectively to Global Skills Factory Oyand the user(s) of the Platform.

2.14 Governing Law: The law governing the interpretation, validity, and enforcement of these Terms, as specified in Chapter 12.

CHAPTER 3: REGISTRATION AND ACCOUNT

3.1 Registration Process

To access certain features and services offered on the Global Skills Factory Oy digital platform (“Platform”), you may be required to register for an account. The registration process may require you to provide personal information such as your name, email address, contact information, and other details as determined by Global Skills Factory Oy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your account credentials with any third party or allow any third party to access your account. You are solely responsible for all activities that occur under your account, whether or not authorized by you.

3.3 Accuracy of Information

You agree to provide accurate, current, and complete information during the registration process and to promptly update this information as necessary to ensure its accuracy. Global Skills Factory Oy reserves the right to suspend or terminate your account and refuse any and all current or future use of the Platform if any information provided during the registration process is inaccurate, incomplete, or outdated.

3.4 Account Termination

You may deactivate your account at any time by contacting Global Skills Factory Oy customer support. Global Skills Factory Oy reserves the right to suspend or terminate your account and refuse any and all current or future use of the Platform if you violate these Terms or for any other reason determined by Global Skills Factory Oy in its sole discretion.

3.5 Account Ownership

Your account is personal to you and may not be transferred or assigned to any other person or entity without the prior written consent of Global Skills Factory Oy. You may not sell, rent, lease, sublicense, or otherwise transfer your account or any rights or obligations under these Terms to any third party.

3.6 Communication Preferences

By creating an account on the Platform, you consent to receive electronic communications from Global Skills Factory Oy, including but not limited to emails, messages, and notifications regarding your account, updates, promotions, and other relevant information. You may opt-out of receiving promotional communications at any time by following the unsubscribe instructions provided in the communication.

3.7 Account Deletion

Upon termination of your account, whether by you or Global Skills Factory Oy, your account and any associated data may be deleted or retained as outlined in the Privacy Policy. Global Skills Factory Oy reserves the right to retain certain information for legal or compliance purposes, as permitted by applicable law.

CHAPTER 4: PAYMENT TERMS

4.1 Payment Obligations

Certain features, services, or content on the Global Skills Factory Oy digital platform (“Platform”) may require payment of fees (“Fees”). By accessing or using such features, services, or content, you agree to pay all applicable Fees as described on the Platform.

4.2 Fee Structure

The Fees for features, services, or content offered on the Platform will be specified on the Platform or communicated to you at the time of purchase. Global Skills Factory Oy reserves the right to modify the Fee structure at any time, with notice to you.

4.3 Payment Methods

Payment of Fees may be made through various payment methods accepted by Global Skills Factory Oy, including credit cards, debit cards, electronic funds transfer, or other payment methods as determined by Global Skills Factory Oy.

4.4 Billing

Unless otherwise stated, all Fees are due and payable in advance. By providing payment information, you authorize Global Skills Factory Oy to charge the applicable Fees using your selected payment method.

4.5 Taxes

You are responsible for any applicable taxes, duties, or other governmental charges imposed on your purchase of features, services, or content on the Platform. The total amount payable will include all such taxes and charges, as applicable.

4.6 Refunds

Global Skills Factory Oy may, in its sole discretion, offer refunds or credits for certain purchases, subject to the terms of its refund policy. Refund requests must be submitted in accordance with the refund policy specified on the Platform.

4.7 Payment Disputes

If you believe that you have been incorrectly charged for a purchase on the Platform, you agree to contact Global Skills Factory Oy customer support promptly to resolve the dispute. Failure to notify Global Skills Factory Oy of any billing discrepancies within a reasonable time may result in the forfeiture of your right to dispute such charges.

4.8 Currency

All Fees and payments on the Platform are denominated in the currency specified on the Platform or as agreed upon between you and Global Skills Factory Oy.

4.9 Changes to Payment Terms

Global Skills Factory Oy reserves the right to modify or revise these Payment Terms at any time, in its sole discretion. Any changes to the Payment Terms will be effective immediately upon posting on the Platform. Your continued use of the Platform after the posting of changes constitutes your acceptance of such changes.

CHAPTER 5: USE OF THE PLATFORM

5.1 Permitted Uses

You agree to use the Global Skills Factory Oy digital platform (“Platform”) only for lawful purposes and in accordance with these Terms and all applicable laws and regulations. You may access and use the Platform for personal, non-commercial purposes, or as expressly authorized by Global Skills Factory Oyin writing.

5.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities while using the Platform:

• Violating any applicable law or regulation.

• Interfering with or disrupting the operation of the Platform or servers or networks connected to the Platform.

• Uploading, transmitting, or distributing any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.

• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with any person or entity.

• Using the Platform to transmit or distribute viruses, worms, or other harmful computer code.

• Accessing or attempting to access any data, content, or information on the Platform that you are not authorized to access.

• Engaging in any conduct that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use of the Platform.

5.3 Intellectual Property Rights

All content, materials, and intellectual property rights on the Platform, including but not limited to text, graphics, logos, images, audio clips, and software, are owned by or licensed to Global Skills Factory Oy and are protected by copyright, trademark, and other intellectual property laws.

5.4 License to Use Platform

Subject to your compliance with these Terms, Global Skills Factory Oy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use.

5.5 User Content

You may have the opportunity to submit, post, or upload content to the Platform, including but not limited to text, images, videos, and other materials (“User Content”). By submitting User Content to the Platform, you grant Global Skills Factory Oy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in any media and for any purpose.

5.6 Content Guidelines

You agree to comply with any content guidelines or standards provided by Global Skills Factory Oy regarding the submission, publication, or removal of User Content on the Platform.

5.7 Monitoring and Enforcement

Global Skills Factory Oy reserves the right to monitor, review, edit, or remove any User Content from the Platform in its sole discretion, without notice or liability.

5.8 Third-Party Links

The Platform may contain links to third-party websites or services that are not owned or controlled by Global Skills Factory Oy. Global Skills Factory Oy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Global Skills Factory Oy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

CHAPTER 6: USER CONTENT

6.1 Ownership of User Content

Any content, materials, or information that you submit, post, or upload to the Global Skills Factory Oy digital platform (“Platform”), including but not limited to text, images, videos, and other materials (“User Content”), remains your sole responsibility and ownership.

6.2 License Grant

By submitting or posting User Content to the Platform, you grant Global Skills Factory Oy a worldwide, non-exclusive, royalty-free, sub licensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content in connection with the operation and promotion of the Platform.

6.3 User Representations and Warranties

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to submit, post, or upload the User Content to the Platform and to grant the rights and licenses granted herein.

• The User Content does not infringe, misappropriate, or violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights.

• The User Content does not contain any material that is defamatory, obscene, offensive, hateful, or otherwise objectionable, or that violates any applicable law or regulation.

6.4 Content Guidelines

You agree to comply with any content guidelines or standards provided by Global Skills Factory Oy regarding the submission, publication, or removal of User Content on the Platform. Global Skills Factory Oy reserves the right to monitor, review, edit, or remove any User Content from the Platform in its sole discretion, without notice or liability.

6.5 Indemnification

You agree to indemnify, defend, and hold harmless Global Skills Factory Oy and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Platform, including but not limited to any User Content that you submit, post, or upload to the Platform.

CHAPTER 7: THIRD-PARTY LINKS

7.1 Third-Party Websites

The Global Skills Factory Oy digital platform (“Platform”) may contain links to third-party websites or services that are not owned or controlled by Global Skills Factory Oy. Global Skills Factory Oy does not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services.

7.2 Third-Party Content

You acknowledge and agree that Global Skills Factory Oy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, goods, or services available on or through any third-party websites or services.

7.3 Third-Party Policies

When you access third-party websites or services through links on the Platform, you are subject to the terms and conditions, privacy policies, and other policies of those third parties. It is your responsibility to review and understand the terms and policies of any third-party websites or services that you visit.

7.4 No Endorsement

The inclusion of links to third-party websites or services on the Platform does not imply endorsement or recommendation by Global Skills Factory Oy. Global Skills Factory Oy disclaims any and all liability arising from your use of or reliance on any third-party websites or services linked to the Platform.

7.5 Third-Party Transactions

Any transactions or dealings you have with third parties, including advertisers or other users of the Platform, are solely between you and such third parties. Global Skills Factory Oyshall not be responsible or liable for any loss or damage of any kind incurred as a result of any such transactions or dealings.

7.6 No Warranty

Global Skills Factory Oy makes no representations or warranties regarding the accuracy, completeness, or legality of any third-party content, goods, or services available on or through third-party websites or services linked to the Platform.

CHAPTER 8: LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

The Global Skills Factory Oy Digital Platform (“Platform”) is provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. Global Skills Factory Oy disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

8.2 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Global Skills Factory Oy, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, loss of revenue, loss of data, or other intangible losses, arising out of or in connection with your access to or use of the platform or any content, materials, or services available on or through the platform, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Global Skills Factory Oy has been advised of the possibility of such damages.

8.3 Limitation of Damages

In no event shall the aggregate liability of Global Skills Factory Oy, its officers, directors, employees, agents, or affiliates arising out of or in connection with your access to or use of the platform or any content, materials, or services available on or through the platform exceed the amount paid by you, if any, to Global Skills Factory Oy for access to or use of the platform during the twelve (12) months prior to the event giving rise to liability.

CHAPTER 9: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Global Skills Factory Oy, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  1. a) Your access to or use of the Global Skills Factory Oydigital platform (“Platform”). 
  2. b) Your violation of these Terms or any applicable law or regulation. 
  3. c) Your violation of any rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights. 
  4. d) Any User Content that you submit, post, or upload to the Platform. 
  5. e) Any transaction or interaction you have with third parties, including advertisers or other users of the Platform.

CHAPTER 10: GOVERNING LAW AND DISPUTE RESOLUTION

10.1 Governing Law

These Terms and Conditions, and any disputes arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Finland, without regard to its conflict of law provisions.

10.2 Dispute Resolution

  1. a) Negotiation:In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiations between themselves.
  2. b) Mediation:If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to mediation in accordance with the mediation rules of the Finnish Chamber of Commerce. The mediation shall be conducted by a single mediator appointed by the Finnish Chamber of Commerce.
  3. c) Arbitration:If the dispute is not resolved through mediation within a reasonable period of time, or if either party refuses to participate in mediation, the dispute shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Chamber of Commerce. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be English.

10.3 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or restrain any unauthorized use, disclosure, or infringement of its intellectual property rights.

10.4 Waiver of Jury Trial

Each party hereby waives any right to a jury trial in any legal proceeding arising out of or in connection with these Terms.

10.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.

CHAPTER 11: MISCELLANEOUS

11.1 Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Global Skills Factory Oy regarding your use of the digital platform and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

11.2 Assignment

You may not assign or transfer any of your rights or obligations under these Terms and Conditions without the prior written consent of Global Skills Factory Oy. Any attempted assignment or transfer in violation of this provision shall be null and void.

11.3 Waiver

The failure of Global Skills Factory Oy to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. The waiver of any right or provision shall be effective only if in writing and signed by an authorized representative of Global Skills Factory Oy.

11.4 Updates

Global Skills Factory Oy reserves the right to update, modify, or revise these Terms and Conditions at any time, in its sole discretion, without prior notice. Any changes to these Terms and Conditions will be effective immediately upon posting on the digital platform. Your continued use of the platform after the posting of changes constitutes your acceptance of such changes.

11.5 Contact Information

If you have any questions, comments, or concerns about these Terms and Conditions or the Global Skills Factory Oy digital platform, please contact us at Email: tech@globalskillsfactory.fi; Phone: +358 10 3753970  or send mail to our registered address: Hilapellontie 4 A17, 00390 Helsinki, Finland.

APPROVED IN HELSINKI, FINLAND

BY GLOBAL SKILLS FACTORY OY

MAY 17, 2024