PLEASE READ THIS LICENCE AGREEMENT (the “Agreement”) CAREFULLY
BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. BY ACCEPTING THIS AGREEMENT, CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
In this Agreement, a reference to:
|Authorised Users||means the individual users who will be provided with a subscription code by Peakon for the use of the Peakademy.|
|Customer, you or yourContent||means the entity indicated as the licence user for the Peakademy in the relevant section of an Order Form and its Authorised Users.means Peakon course materials and other content, including but not limited to text, graphics, logos, images and recordings, available via Peakademy.|
|Order Form||means the order form entered into between Customer and Peakon which sets out the term and fees for your use of the Peakademy and any other relevant details.|
|Peakademy||means the Peakademy platform including any Content, which provides courses, certification and training for Peakon customers.|
|Peakon, we, us, or our||means Peakon ApS (registered company no. 36469277) of Frederiksberggade 11, 1st Floor 1459, Copenhagen K, Denmark.|
|Subscription Agreement||means the master subscription agreement for Peakon services entered into between Customer and Peakon, as referenced in the Order Form.|
WHAT THIS AGREEMENT DOES
This Agreement sets out the terms upon which we will provide, and you will use the Peakademy.
The Customer shall be entitled to use the Peakademy from the “Start Date” until the “End Date” as specified in the Order Form.
HOW PEAKON WILL PROVIDE THE PEAKADEMY
Peakon will provide you with access to the Peakademy available at https://academy.peakon.com.
HOW YOU MAY USE THE PEAKADEMY
You are granted a non-exclusive, non-transferrable, revocable licence to access and use the Peakademy platform in accordance with this Agreement.
LICENCE AND ACCEPTABLE USE RESTRICTIONS
You agree that you will not:
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Peakademy belong to us (or our licensors). You have no intellectual property rights in, or to, the Peakademy other than the limited licence granted in accordance with this Agreement.
SUPPORT FOR THEPEAKADEMY
If you want to learn more about the Peakademy or have any problems using the Peakademy, please contact us at firstname.lastname@example.org.
WARRANTY AND LIABILITY DISCLAIMER
The information, software, products, and services included in or available through the Peakademy may include inaccuracies or typographical errors. Improvements and/or changes to the Peakademy may be made at any time.
Peakon make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Peakademy. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Peakon hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEAKON WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PEAKON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE PEAKADEMY (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE PEAKADEM]Y; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY ONLINE COURSE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY PEAKON OR THE FAILURE OF PEAKON TO PROVIDE THE PEAKADEMY OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY ONLINE COURSE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTE RESOLUTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English courts.
Your use of the Peakademy will also be controlled by your Subscription Agreement (including Annex A: Data Processing Agreement) and Order Form.
The Service Availability listed under the Peakon Subscription Agreement shall not be applicable in relation to your use of the Peakademy.
In the event of any conflict, inconsistency or discrepancy between this Agreement, the Order Form and/or the Subscription Agreement, this Agreement shall take precedence.