SPECIAL CONDITIONS FOR ACCESS AND USE OF THE KINOVA ACADEMY WEB PLATFORM
Kinova Academy | Kinova Académie operates a web platform called "Kinova Academy" (the "Platform") that provides users, free of charge or for a fee, with online information and/or training sessions (the "Training") for the assembly, programming, integration, commissioning and use of the Products.
The following terms, conditions, policies and notices are strictly limited to the access and use of the Platform. The sale of any Product by Kinova Academy | Kinova Académie or one of its partners remains strictly governed by the General Terms and Conditions for Sale, which are available upon request.
Terms not defined herein shall have the meaning ascribed to them in the General Terms and Conditions for Sale.
Unless otherwise provided in these special conditions, the General Terms and Conditions for Sale shall apply mutatis mutandis to access and use of the Platform, it being specified that for these purposes, the Training shall be considered as a Product and any User as an End User.
In the event of any inconsistency or contradiction between the terms of these special conditions and those of the General Terms and Conditions for Sale, the terms hereof shall prevail.
1 - User Consent
Kinova Academy | Kinova Académie offers the Platform, including all information, tools and services available therein to Users, subject to the User's acceptance of all the terms, conditions, policies and notices set forth below.
Any person visiting the Platform and/or purchasing an e-learning product(s) (a "User"), agrees to be bound by the following terms and conditions, including any additional terms, conditions and policies referenced herein and/or hyperlinked.
If User does not agree to all of the terms, conditions, policies and notices set forth below, then User should not access the Platform or use the services offered therein.
By agreeing to the terms, conditions, policies and notices set forth below, the User represents that he/she has reached the age of majority in his/her country, state or province of residence, and that he/she has given Kinova Academy | Kinova Académie his/her consent to allow any minor in his/her care to access and use the Platform.
All new features and tools that are added to the Platform in the future will also be subject to the terms, conditions, policies and notices set forth below. The User can consult their most recent version at any time on this page. Kinova Academy | Kinova Académie reserves the right to update, change or replace any part of these terms, conditions, policies and notices by posting updates and/or changes on this page. It is the User's responsibility to check this page regularly for changes. A User's continued use of or access to the Platform following the posting of any changes shall constitute acceptance by such User of such changes.
Unauthorized access to and use of the Platform for unlawful purposes is prohibited, nor shall User, in accessing or using the Platform, violate the laws of its jurisdiction (including but not limited to copyright laws).
User shall not transmit any worms, viruses or other code of a destructive nature. User agrees not to reproduce, duplicate, copy, sell, resell or exploit any part of the Training available on the Platform without prior express written authorization from Kinova Academy | Kinova Académie.
Kinova Academy | Kinova Académie reserves the right to deny access to the Platform to any person for any reason, including, but not limited to, any breach or violation of these terms, conditions, policies and notices governing access to and use of the Platform.
2 - Informative purposes of the Training
The content of the Training is provided for informational purposes only and does not constitute an engineering opinion or recommendation and is not intended to be a substitute for consultation with engineers, other trained professionals or documentary resources. The content of the Training shall not be User's sole source of information for making decisions. It is User's responsibility to consult the user guide for each Product, referring to the most up-to-date version, which is available on Kinova Academy | Kinova Académie's official website or upon request from a Kinova Academy | Kinova Académie representative.
User acknowledges that, to the fullest extent permitted by law, Kinova Academy | Kinova Académie and/or its affiliates, agents and licensors and each of their respective officers, directors and employees assume no liability for any claim in connection with any advice or support that Kinova Academy | Kinova Académie or any of its representatives may have given via the Platform to a User for the use of a Product or design review. Kinova Academy | Kinova Académie makes no warranty with respect to any information that is provided to a User via the Platform in connection with the design review, its suitability, accuracy or fitness for any purpose.
Kinova Academy | Kinova Académie does not warrant the accuracy, completeness, quality, suitability or content of the information on the Platform or in the Training. This information is provided "as is" and "as available" for User's use, without representation, warranty or condition of any kind, express or implied, including, without limitation, the implied conditions and warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
Even if User has participated in Product Training, it is User's responsibility to conduct a risk assessment prior to using the Product. If User decides to rely on the content presented on the Platform, User does so at its own risk. User is also solely responsible for reviewing, approving and using the design and its underlying engineering as if User had independently created such designs and performed the engineering himself/herself, without assistance from Kinova Academy | Kinova Académie, and User shall ensure, without limitation, that such design (i) complies with all applicable laws, national codes or guidelines, and all applicable industry and technical standards when using the Product; and (ii) is valid, safe, accurate, complete, reliable, appropriate and suitable for the purpose for which User has requested it, all before purchasing the Product. USER SHALL HOLD KINOVA, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL DAMAGES ARISING FROM THE USE, ASSEMBLY OR INSTALLATION OF THE PRODUCT AS A RESULT OF PARTICIPATION IN TRAINING.
3 - Opening and managing of a User account
In order to access the Platform and its features, it is User's responsibility to create a User account on the Platform (the "Account"). Kinova Academy | Kinova Académie may offer different types of accounts (in particular, free or paid accounts) depending on the capacity of the User and the use that is made of it.
User agrees to transmit true and accurate information when requested by Kinova Academy | Kinova Académie in the registration forms within the framework of the opening of his/her Account. Login information, such as a username and password, must be provided by User to access his/her Account. User is solely responsible for the management of his/her Account and password, the confidentiality of the latter and the restriction of access to the Account. Assistance will be provided by Kinova Academy | Kinova Académie in case User forgets his/her password.
User is solely responsible for all activities that occur under User's Account or through the use of User's password by User or others.
Under no circumstances may User allow any third party to use or access the Platform on his/her behalf.
4 - Registration to the Training
The Platform displays all the Training available for registration, unless a "complete" mention is displayed on the Training page. Kinova Academy | Kinova Académie does not guarantee in any way the available places offered on the Platform. The registration to a Training will only be validated when Kinova Academy | Kinova Académie sends a confirmation email to User. If Kinova Academy | Kinova Académie cannot confirm the place reserved by User, Kinova Academy | Kinova Académie will notify User by email, once the order has been confirmed, and will proceed to a full refund of the Training.
Kinova Academy | Kinova Académie reserves the right to stop offering a Training at any time or to limit sales or access to Training to certain types of Users or to certain geographic areas or jurisdictions.
Training schedules are contractually established. Users are required to respect them.
The price per participant is available on the Platform. Training prices may be modified without notice by Kinova Academy | Kinova Académie. The total amount of the Training is payable at the time of the order confirmation, before the beginning of the Training. In case of failure of a Training, User will not be reimbursed for the failed Training.
The Trainings are not refundable unless requested by writing by User within a reasonable delay, and agreed upon in writing by Kinova Academy | Kinova Académie.
Kinova Academy | Kinova Académie reserves the right to modify, postpone or cancel a Training within five (5) business days prior to the first (1st) day of the Training, at its sole discretion, and in particular if the number of participants is deemed insufficient by Kinova Academy | Kinova Académie. User will be fully reimbursed in case of modification, postponement or cancellation of a Training by Kinova Academy | Kinova Académie.
For certain Training identified by Kinova Academy | Kinova Académie on the Platform, an attendance and training certificate may be given to User, upon request, at the end of the Training and under the condition that User has followed it in its entirety and that he/she has passed the relative assessment test, if applicable.
5 - Availability of the Platform
The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates, corrective or preventive maintenance of the site on which the Platform is hosted or technical problems. Kinova Academy | Kinova Académie does not guarantee the availability or the continuous, secure and/or error-free access to the Platform, and Kinova Academy | Kinova Académie is not responsible for any damage or loss that may result from this unavailability. User agrees that Kinova Academy | Kinova Académie may limit or remove access to the Platform for indefinite periods of time, without prior notice.
Kinova Academy | Kinova Académie does not warrant that the Platform, or any part thereof, will operate on any particular computer hardware or peripheral device. Furthermore, the Platform may be subject to malfunctions and delays inherent to the use of the Internet and electronic communications.
Kinova Academy | Kinova Académie reserves the right to add, delete and modify all or part of the Kinova Academy | Kinova Académie content on the Platform. Certain information on the Platform may contain typographical errors, inaccuracies or omissions that may relate to, but are not limited to, Product or Training descriptions, pricing or availability. Kinova Academy | Kinova Académie reserves the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Platform or on any other associated website is inaccurate, at any time and without notice (including after the User has placed an order). Kinova Academy | Kinova Académie is not obliged to update, modify or clarify the information on the Platform, except if required by law.
6 - Interactive Services
The Platform may include interactive services in the form of bulletin boards, chat rooms, forums, or any other messaging or communication tools (collectively, the "Interactive Services").
User acknowledges that exchanges made on all Interactive Services are public and not private.
User agrees to send only messages and information that are appropriate and related to the Trainings offered by Kinova Academy | Kinova Académie. By way of example, User agrees to refrain from the following activities while participating in an Interactive Service:
- Use the Platform for illegal purposes or incite others to perform or participate in illegal acts on the Platform;
- Use the Platform in a manner that could damage, disable, overburden or impair the Platform;
- Defame, insult, harass, threaten, denigrate, intimidate, discriminate or otherwise violate the rights of any person;
- Publish, post, distribute or disseminate any defamatory, offensive, obscene, improper or unlawful material or information;
- Infringe or violate Kinova Academy | Kinova Académie's intellectual property rights or those of third parties, or export on the Platform or attach files containing software or other elements protected by intellectual property rights unless User is the owner of the related rights or has received all the required consents for this purpose;
- Export or attach files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer equipment;
- Delete in an exported file the mentions related to the authors, the legal notices or the mentions or signs related to the intellectual property right;
- Advertise or offer for sale goods or services, or conduct or transmit via the Platform or otherwise unsolicited surveys, contests, chain letters, "spam" messages or other types of mass e-mails;
- Attempt to gain unauthorized access to the Platform or portions thereof to which access is restricted.
Kinova Academy | Kinova Académie is not responsible for the content posted on the Interactive Services and more generally on the Platform by Users and for the damages that may result from it. Each User is responsible for the content he/she exchanges on the Platform. Kinova Academy | Kinova Académie has no obligation to monitor, supervise or moderate the Interactive Services offered on the Platform. The Interactive Services are likely to expose Users to certain risks due to the presence of third parties, and Kinova Academy | Kinova Académie will determine for each case the relevance of calling upon moderation, and the type of moderation (human or technical) to be used, in light of these risks.
User acknowledges that discussions, postings, emails or any other material exchanged by or with other Users via the Interactive Services are not deemed to have been endorsed, reviewed or approved by Kinova Academy | Kinova Académie. Kinova Academy | Kinova Académie reserves the right to review, block or remove, for any reason and without notice, any content entered into the Interactive Services by Users. Whether or not the Interactive Service is moderated, Kinova Academy | Kinova Académie disclaims any liability for loss or damage caused by use of these services in violation of our content standards.
If, at Kinova Academy | Kinova Académie's request, User submits specific content, or if without Kinova Academy | Kinova Académie's request, User sends creative ideas, suggestions, proposals, plans or other materials, whether online on the Platform, by email, by mail, or otherwise (the "Comments"), User grants Kinova Academy | Kinova Académie the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any Comments sent by User. Kinova Academy | Kinova Académie is not obligated to maintain the confidentiality of any Comments, to respond to any Comments, or to pay any compensation to anyone for any Comments provided.
7 - Third party links
Some of the content, Training and services available through the Platform may include material from third parties.
Links from third parties on the Platform may redirect Users to third party websites that are not affiliated with Kinova Academy | Kinova Académie. Kinova Academy | Kinova Académie is not required to review or evaluate the content or accuracy of such sites, and does not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third party sites.
Kinova Academy | Kinova Académie is not responsible for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions conducted in connection with these third party websites. Any complaints, claims, concerns, or questions regarding these third party products should be directed to the third party.