(PL) OW Germany - Professionelle Fahrer

TERMS AND CONDITIONS GENIUS ACADEMY

The GeniusAcademy website and mobile application (here in after referred to as the "Platform") are operated by: THE EASY COMPANIES A Limited Company with a share capital of 100,000 euros, having its registered office at 19 rue Edmond Reuter, Contern, L-5326, entered in the Luxembourg Trade and Companies Register under number 0550437782, hereinafter referred to as the "Company" or “The Easy Company” or “GeniusAcademy”, Any use of the Platform, via the website training.geniusacademy.eu (hereinafter referred to as the "Platform") implies full and unreserved acceptance of the present terms and conditions of use (“Terms and Conditions”). The Terms and Conditions applicable are those in force as at the date of use of the Platform.

The company hereby reserves the right to amend the present Terms and Conditions at any time and will be effective immediately upon posting. The Terms and Conditions are the property of GeniusAcademy. Any reproduction, even in part, is strictly prohibited.

ARTICLE 1 – TERMS OF USE The Terms and Conditions apply to the provision and use of the courses (“Courses”) and any educational content (“Content”) through the Platform, either by visiting the Platform or browsing the Website (hereinafter a “ Visitor ”), or registering with the Website as a student (hereinafter a “ Learner ”). Learner and Visitor are collectively designated as User. These Terms and Conditions should be read alongside, and are in addition to, our privacy and cookies policies (“ Privacy Policy ”). By accessing the Platform and participating in its Content, you agree that you have read, understood and agreed to these Terms and Conditions and the Privacy Policy. If you disagree to these Terms, you shall stop using the Platform.

2. ACCESS AND USE OF THE PLATFORM

2.1. By using the Platform you agree to comply with the Terms and Conditions and the Privacy Policy and all applicable local, national and international laws, rules and regulations which should apply. 2.2. GeniusAcademy does not allow for the registration of natural persons who are under the age of majority in their respective countries on its platform and shall be held exempt from any liability in the event that a minor enrols on the Platform. 

2.3. GeniusAcademy allows purchasing courses via Platform according to the rules for individual clients, which means that VAT will be added to courses price. This option allows Learner to access the course immediately after completing the transaction. In case of a corporate client, there is a possibility of payment for the course without VAT, by filling the company data form first and wait for further instructions. If you are a carrier from:

• PL fill in this form

• RO fill in this form

• PT fill in this form

• BG fill in this form

2.4. Your use and access of the Platform are subject to the following conditions and you agree that your failure to comply with any one of these will constitute a breach of these Terms by you:

- You agree not to use and/or post content that defames, harasses or threatens any person;

- You agree not to use content that refers to illegal activities with the intent to commit such activities, or encourages others to commit such activities; - You agree not to use content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets;

- You agree not to use content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties; - You agree not to use a material that contains obscene language or images; 2017_01

- You agree not to use the Platform for advertising, promotional materials, or any form of commercial solicitation; - You agree not to use content that is unlawful or that violates any applicable local, state, national or international law;

- You agree not to use content that probes, scans, or tests the vulnerability of any system or network;

- You agree not to use content that breaches or otherwise circumvents any security measures;

- You agree not to use content that interferes with, or disrupts, any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Platform;

- You agree not to use content that plants malware or otherwise uses the Platform to distribute malware;

- You agree to not use the Platform for any purposes related to marketing without our expressed written consent.

2.5 You agree to personally follow the Course and not to have someone help you or have someone doing the Course for you.

3. LEARNER REGISTRATION AND ACCOUNTS 3.1. Any Visitor can view the Platform, but in order to participate in a Course, a Learner must register on a personal account on the Platform (a “Learner Account”) by providing his real name, and email address and password. You agree that you will not share or give access to your Learner Account with any third party for any reason. 3.2. In setting up your Learner Account, you may be asked to provide additional information, for example, your gender, date of birth and location, which qualifies as personal data. Additional information such as this may also be required to confirm your identity. GeniusAcademy protects your personal data in accordance with its Privacy Policy: your personal data won ?t be distributed to third parties without your explicit permission and consent. 3.3. You agree to provide accurate, current and complete information in relation to your Learner Account, and maintain it as such, at any time. 3.4. You acknowledge that if any information provided by you in relation to your Learner Account is misleading, inaccurate, not current or incomplete, we reserve the right to block, suspend or terminate your access and use to the Platform and enrolment in its Course. 3.5. Registered Learner may opt out of the GeniusAcademy platform, thus losing Learner status, along with the rights and data associated with their account. Learner may also cancel their participation at any moment in any course in which they have enrolled. 3.6. The User may unsubscribe at any time from the Platform by sending an email to the following address: contact@geniusacademy.eu . Unsubscription will be effective 15 days following the unsubscribe request. For this, it is incumbent upon the User to connect to its account and supervise the unsubscription procedure indicated by GeniusAcademy. Once the User has unsubscribed, GeniusAcademy will delete the User's personal identification data. The User is, however, notified that Content published via the Platform will remain online and not be deleted.

4. LEARNER CONDUCT 4.1. By registering with GeniusAcademy for a Learner Account, you agree: - To register on the Platform only once, and will not set up multiple Learner Accounts;   2017_01 - That you will be the only one to use your Learner Account; and

- That you will not cheat nor share any solutions or answers to exams and homework relating to the Course.

- That you will not knowingly send any content that contains viruses, worms, Trojan horses, time-bombs, key-stroke loggers, spyware, adware or anything else that could harm the GeniusAcademy system. 4.2. If you are disqualified for any reason under any item above, GeniusAcademy may prohibit your access or participation on the Platform and its Content. 4.3. Any Learner acknowledges and accepts to comply with these Terms and Conditions.

5. LICENSE TO USE 5.1. We grant you, under the condition to comply with the Terms and Conditions, a fully revocable, worldwide, non-exclusive, non-transferable, non-sub licensable limited right and license:           

 - To access, internally use and display the Platform, Content and Courses as an individual only at your location solely as necessary to browse and/or participate as permitted by these Terms and Conditions; and           

 - To download permitted content from the Platform so that you may exercise the rights granted to you by these Terms and Conditions. 5.2. You agree to abide by all copyright or license notices or restrictions contained on the Platform. You may not delete any attributions, legal or proprietary notices on the Platform.

6. LEARNER CONTENT 6.1. In these Terms and Conditions, “ Learner Content ” means all material (including, without limitation, text, comments, notes, posts, images, audio material, video material, audio-visual material, assignments, assessments, questions and feedback) that you submit to the Platform, for whatever purpose. 6.2. If you provide any Content, you hereby:

- Give a free license to GeniusAcademy to use and publish such Content in the Platform or to use it for research or promotional purpose, and you are aware that it is in the public domain.

- Guarantee that the Content you published on GeniusAcademy does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation. 6.3. By submitting any Content, you agree to comply with all laws applicable, in particular (but not limited to) with regard to online conduct and acceptable content or to the transmission of technical data exported from the country in which you reside. 6.4. You accept that we may make certain communications in relation to the Platform requesting feedback from you about your general experience on the Platform you were enrolled in.

7. USE OF YOUR DATA AND CONTENT FOR RESEARCH 2017_01 7.1. Issues regarding privacy and informed consent are detailed in our Privacy policy, which you need to read and agree to in conjunction with this. 7.2. GeniusAcademy will analyze Learner activity and content both for academic purposes and in order to provide better and adjusted services via the Platform. 7.3. You agree to let GeniusAcademy conduct research studies and report on this in academic publications. Our research studies are subject to a code of ethics that include anonymous data about the Platform interaction and which may include Learner Content.

8. COPYRIGHT POLICY 8.1. Any content that is included in the Platform that infringes the intellectual property rights of any third party will be removed from the Platform as soon as such infringement is made aware to us. 8.2. If you are the owner of intellectual property rights or are authorized to act on behalf of an owner, please write a notice email to: contact@geniusacademy.eu with the following information: - A statement describing what you have found on the Platform that represents an infringement of intellectual property rights;

- The country where your intellectual property rights are applicable; - The title of the content concerned and the full URL for access to that content;

- A statement that explains how the content infringes your intellectual property rights;

- Your contact information (mailing address, telephone number and email);

- A statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law; and - Your signature (electronic or physical). 8.3. If accepted, GeniusAcademy will remove the infringed material or access to it will be blocked.

9. LINKING TO OTHER SITE 9.1. The Website may contain links to other pages or other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. 9.2. We do not author, edit, control or monitor these Linked Sites. You agree that we have no responsibility towards these Linked Sites and we do not control or endorse such Linked Sites. 9.3. We may remove any links to Linked Sites on the Website at any time for any reason. 9.4. We are not liable for any transactions conducted between you and any Linked Site.

10. INTELLECTUAL PROPERTY RIGHTS The Platform and its different elements and contents, such as photographs, graphic designs, brands, logos and other distinctive signs, text, videos or software, as well as other contents eligible for protection, are the subject of intellectual and industrial property rights of GeniusAcademy. Use does not imply cession or transfer to User of any intellectual or industrial property rights over the Platform or its elements. The User hereby undertakes not to infringe the intellectual property rights of GeniusAcademy and 2017_01 refrains, consequently, from reproducing, representing, translating, amending or distributing, even in part, any element protected by intellectual property rights, without the GeniusAcademy's prior express consent. Any reproduction of an element of the Platform by the User, without the GeniusAcademy's consent, constitutes an act of counterfeit subject to civil and criminal sanctions. The User hereby refrains, moreover, from any exploitation, under any circumstances whatsoever, of the Content and information appearing on the Platform. In accepting the Terms and Conditions, the User hereby grants, as a non-exclusive right to GeniusAcademy, for the whole world and the entire term of registration, the right to reproduce, represent and, where applicable, amend the Content notified by the User, in order to ensure it is posted online and that it is accessible and legible under the best possible conditions.

11. INDEMNITY You agree to indemnify GeniusAcademy, or any of its members, and undertake to keep GeniusAcademy, , or any of its members, free from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of:           

 - Your use or attempted use of the Platform in violation of the Terms and Conditions;       

 - Your violation of any law or rights of any third party, or           

 - Information that you post or otherwise make available on the Platform, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.        

12. LIMITATIONS OF LIABILITY GeniusAcademy disclaim any and all liability for damages, whether direct or indirect resulting from the content of the information that is offered in the Platform or the consequences arising from the use thereof. No rights may be derived from the information as it is rendered online GeniusAcadamy does not guarantee the faultless operation or uninterrupted accessibility to the Platform or the services offered online. The information that is provided can be changed at any time without prior notification. In no case, GeniusAcademy shall be liable for any indirect, special, incidental, consequential, or exemplary damages, whether in contract, tort, or otherwise. Whilst we do all we can to ensure quality content, we provide the Content and Courses with no warranty or representation that their content is accurate, complete or up-to-date or that they will meet your requirements. We make no warranty or representation that the Platform does not infringe the rights of any third party. We accept no responsibility or liability for your use of the Platform and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the Platform, we accept no liability therefore. We do not guarantee that any defect in the Platform will be corrected. As a User you agree that GeniusAcademy may additionally not be held liable for suspension of the Platform or damages pertaining to any:           

- any case of force majeure;      

- suspension of the power supply or transmission lines due to public or private operators;      

- abnormal or fraudulent use by the User or third parties requiring stoppage of the Platform for 2017_01 security reasons;           

 - any intrusion or fraudulent maintenance by a third party in the system, or illegal extraction of data despite the implementation of security measures in compliance with current technical data, with GeniusAcademy accepting only an obligation of means in light of known security techniques;     

- the nature and content of information and data created, transferred and/or issued by the User. More generally, the GeniusAcademy may under no circumstances whatsoever be held liable for data, information, results or analyses originating from a third party, sent or received via use of the Platform and harming third party rights or which infringe, in any manner whatsoever, legislation in force;       

- loss or delay in the provision of this information and data, where GeniusAcademy is not the cause of this delay;   

- operation of the internet network or telephone or cable networks for internet access not implemented by GeniusAcademy;           

- any default in hosting servers. rate of one hundred (100) euros, all causes and damages included.        

 ARTICLE 13 PERSONAL DATA

Duché de Luxembourg. The User is hereby notified that its data has been processed allowing GeniusAcademy to offer various functions proposed on the Platform. The User has a right to access, amend, modify or delete data collected. This right may be exercised by simply contacting the GeniusAcademy by email at the following address: contact@geniusacademy.eu The data provided by the User is stored for the term of registration on the Platform. In any case, GeniusAcademy may not be held liable for the deletion of User data for any technical reasons out of its control. In all instances, the user hereby agrees that the total amount which GeniusAcademy may be led to pay if its liability should be incurred for any reason whatsoever will be limited to the fixed GeniusAcademy hereby notifies the User that its data is registered and has been declared to the competent body, pursuant to the provisions set forth under the Data Protection Act from the Grand   Connection information and, notably, pages consulted and IP addresses are stored for the legal term of protection, namely one year following registration. Subject to the User's express prior consent, data supplied by the User shall not be disclosed by GeniusAcademy to third parties, with the exception of any company, legal entity with a direct or indirect capital tie to GeniusAcademy and their technical partners for service requirements, and is not used for commercial prospection. GeniusAcademy takes all adequate measures to ensure the security and confidentiality of personal data processed. The User is hereby informed that data is hosted on the territory of the European Union.

14. GOVERNING LAW AND JURISDICTION

The present Terms and Conditions are governed by laws and regulations of the Grand Duché de Luxembourg. 2017_01 Moreover, the language of the present Terms and Conditions is English. In the event that the Terms and Conditions are translated into other foreign languages, only the English version shall prevail. Should any dispute should arise between the parties due to the enforcement or interpretation of this Terms and Conditions, the parties hereby undertake to abide by the amicable procedure hereunder, prior to any referral to the Court holding jurisdiction. With a view to jointly seek a solution to any dispute which may arise in the performance of this Agreement, the User hereby agrees to contact GeniusAcademy in advance at the following address: contact@geniusacademy.eu The User will outline the dispute for which it is contacting the GeniusAcademy, along with supporting documents. On the basis of this information, GeniusAcademy hereby undertakes to respond to the User as soon as practically possible in order to seek an amicable solution. the relevant jurisdiction, and priory courts of the Grand Duché de Luxembourg.

15. INVALIDITY

Should any of the provisions appearing in the present Terms and Conditions be declared invalid or unenforceable for any reason whatsoever, the other provisions shall remain applicable without alteration.