Terms of Service

Commercial terms

By submitting an order for ACS GmbH Online e-Learning Products (Online Products), you are confirming your agreement and acceptance of the following terms and conditions.

Once the order for Online Products is received by ACS GmbH, there are no refunds. All sales are final. Cancellations for subscriptions are possible whenever the participant decides. For online courses cancellations are valid starting from the week following the one when the cancellation was made. Due to the way workshops are organized (all the information is provided upfront), cancellations and refunds are not possible.

A confirmation of your order will be provided to the contact identified in the order form, or to the registrant for online registration.

Once access is established, an access notification will be provided to the contact identified in the order form or the registrant via e-mail.

If you have any difficulties with the access, follow the instructions contained in the access notice.

Refer to the acceptable payment methods listed in the Training Policies under Payment Options. Payment terms for purchase order customers are immediate. Access to the e-learning product will be activated immediately following the receipt of invoice payment. Access duration will be unlimited from the date the original access is established, provided no account cancellation was made in the meantime.

General terms and conditions

These Terms and Conditions shall take precedence over any Customer terms and conditions as set out on a Purchase Order. The Customer agrees to be bound by these Terms and Conditions by using the products licensed hereunder.

1. Definitions

– “Customer” means the entity who is licensed to access the Online Products hereunder, and can have the same meaning as “Registrant” , “Participant”.
– “Online Products” means any e-learning or other information covering ACS GmbH solutions provided under this
license. For example, questions and answers platform, e-learning courses, learning maps, library documentation, guides, online workshops, e-learning units, self tests, or other sources.
– “Online Products Registrant” means anyone who is licensed under these terms and conditions for Online Products.
– “ACS GmbH” means Anavas Consulting Services GmbH.

2. Download and access

Access to Online Products is only available online via an Internet connection and it is the responsibility of the Customer to have such Internet connection in place. Online Product participants must have an appropriate user ID to gain access,and all names must be provided to ACS GmbH as needed.

Delivery shall be considered to be complete when ACS GmbH provides the Customer confirmation of access by e-mail (“Delivery”). The quoted net license fees or prices do not include customs duties, taxes or any other official import charges.

The Customer shall check the Online Products for completeness and notify ACS GmbH immediately in the event the Online Product is incomplete.

If the Customer experiences difficulty in accessing the Online Product, all support services are provided as stated in the access notification documentation.

Customer acknowledges that Customer requires Internet access. Certain Online Products, not all, may provide a restricted download capability. As soon as the Customer opens the file through the Customer\’s PC, the copy protection key is validated through the Internet, and Customer can access the Online Products. Customer acknowledges that once the key is validated, the file shall not be copied by or on behalf of the Customer to another PC.

3. Intellectual property

Every person using Online Products Material must be licensed under these terms and conditions for accessing, downloading, or using the Online Products. Employees and others who have access to the Online Products must be informed of ACS GmbH\’s copyright and rights of authorship and their duty to conform to the copyright laws. Customer shall carefully safeguard the Online Products that have been made available to the Customer or Online Products Registrants, to prevent their misuse. Customer is permitted to use the Online Products only for its own training purposes and only for those who have licensed the Online Products.

The ACS GmbH Online Products are confidential and proprietary information of ACS GmbH and customer agrees not to disclose this information to any third party or use such information except as expressly permitted herein.

Customer acknowledges that ACS GmbH shall be entitled to seek injunctive relief for any breach of this agreement by Customer from which irreparable harm would ensue.

Customer acknowledges that it is illegal and a violation of this license agreement to copy or distribute Online Products, download/online products, links, users, or passwords among non-licensed persons.

In the event Customer breaches any provision of this agreement and fails to cure such breach within ten (10) days after receipt of written notice from ACS GmbH, ACS GmbH shall have the right to immediately terminate this agreement and Customer\’s license to use the products licensed hereunder. Upon any such termination, Customer shall immediately cease use of such products, delete and destroy any tangible or electronic embodiments of such information in its possession, and certify in writing to ACS GmbH that the foregoing has been completed.

4. Cancellation

For online courses, cancellation can be done whenever during the course duration. Cancellation enters into effect the following week. There is no refund for the week already started.

For subscriptions, cancellation can be done whenever during the subscription period. Cancellation enters into effect the period following the one when the subscription was cancelled. There is no refund for the current period.

For online workshops, where access to the entire workshop material is given at the beginning of the workshop, right after the payment was received, cancellation is not possible. There is no refund for workshops.

5. Updating and support of content

ACS GmbH reserves the right to change the Online Products from time to time due to obsolescence or to correct known issues with the product. The Online Products may be updated with new products or new solution releases. The Customer\’s license is provided for the Online Product in effect at the time of order placement. The Customer is not entitled to any future product releases but can elect to purchase the new product for an additional fee.

Support is available as per the access confirmation in the event an Online Products Participant is having difficulty with accessing the content only, but not for questions about other consulting/training type advice.

Coaching, training, or ask-the-expert type support on ACS GmbH solutions or solution releases is available separately from ACS GmbH and may be offered for an additional fee.

6. Reservation of title

Delivered ACS GmbH Online Products remain the property of ACS GmbH and all title to the ACS GmbH Online Products content remain with ACS GmbH. Customer only receives a license to use the Online Products pursuant to the terms
hereof.

7. Defects, warranty, and liability

ACS GmbH does not warrant the accuracy or completeness of Online Products, any links or the information, text, graphics, links, or other items contained within Online Products available through access.

ACS GMBH DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE EXCEPT TO THE EXTENT THAT ANY WARRANTIES IMPLIED BY LAW CANNOT BE VALIDLY WAIVED.

ACS GmbH assumes no responsibility for errors or omissions in the Online Products. It is the Customer\’s duty to verify such information.

ACS GMBH SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR OTHER FINANCIAL LOSS, THAT MAY RESULT FROM THE USE OF THE ONLINE PRODUCTS TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ACS GMBH\’S LIABILITY TO CUSTOMER OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE, THE FEES PAID FOR THE USE OF THE ONLINE PRODUCTS. Where ACS GmbH\’s liability is excluded or limited, this also applies to the personal liability of ACS GmbH\’s employees, representatives, and people performing duties on ACS GmbH\’s behalf.
With respect to material defects in the Online Products, and as Customer\’s sole remedy for any material defect in the Online Products, ACS GmbH in its sole judgment, may decide to eliminate such material defects or make a replacement delivery or, by indicating a reasonably acceptable way to avoid the impact of such material defect.

All claims against ACS GmbH are barred after a period of one year from the date the claim arose.

8.Course/Workshop Content/Q&A platform answers

The course/workshop description is intended to indicate only the general nature of the course/workshop and does not guarantee content. ACS GmbH reserves the right to amend the course/workshop and alter details at its discretion.

ACS GmbH is not responsible if you fail to meet the Online Course/Workshop requirements and you should ensure that you allocate sufficient time to allow you to successfully complete the Online Course/Workshop . Refunds are not available.

Some users who post content are members of legal, financial, medical, and other licensed professions (collectively, “Experts”). Content posted by Experts should not be relied on as a substitute for advice from a professional that is appropriate for your specific situation. ACS GmbH has provided certain disclaimer template language that Experts may edit and incorporate in their answers. Ethics rules differ by country, state or location, and it is the responsibility of Experts to determine and provide disclaimers appropriate for their profession and the content provided.

9. Data protection and privacy

ACS GmbH uses secure technologies to protect Customers\’ personal data. The Customer agrees to the collection, processing, and use of its personal data to the extent necessary for processing the order. ACS GmbH may use Customers\’ postal and email addresses for promotions (for example, invitations to events, product news, and registration in ACS GmbH customer database).

However, ACS GmbH uses opt-in procedures for its promotions where the receiver expressly agrees in advance to receive information. In any case, ACS GmbH allows the recipient to opt out of a mailing list at any time.

10. Applicable law and place of jurisdiction

Lausanne, Switzerland shall be the applicable law and place of jurisdiction.