Terms and conditions

Terms and Conditions of Soft Skills Training App

Soft Skills Training App

If you have any questions regarding this app or the project from which it is originated, please contact: 

Berlink ETN GmbH 

Chaussestrasse 103 

10115 Berlin 

Email: info@berlink.eu 

Project website: www.playing4softskills.eu 

“Playing 4 Soft Skills – Helping students to discover transversal skills through play” is an Erasmus+ Strategic  Partnership – KA2 Development of innovation project. 

Project Number: 2020-1-DE02-KA202-007474 

 The European Commission support for the production of this publication does not constitute an endorsement of the contents, which reflects the views only of the authors, and the Commission cannot be held responsible for any  use which may be made of the information contained therein. 

This training app has been created by the collaboration of the whole Playing 4 Soft Skills partnership: Axonforce, BERLINK ETN GmbH, Fundacja Salus Publica, Il Salone dei Rifiutati, ISMA – Izglītojošo spēļu un metožu  asociācija, San Telmo School of Arts, Riga Technical School

The training app was created by the support of the Erasmus+ Programme of the European Union

This app and its code is licensed under a creative commons attribution-non-commercial-share alike 4.0 international

This Application is provided by (here called Provider):

AXONFORCE, Via Vincenzo Verrastro 17 A/E – 85100 Potenza – Italy

 contact email: info@axonforce.com

 

What the User should know at a glance

  • Usage of this Application and the Service is age restricted, as detailed in the relevant section of this document.
  • Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
  • The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as “the right of withdrawal” within this document.
  • Minors may access this Application and use its Service only under parental or adult supervision.

 

TERMS OF USE

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users;
  • Users must be older than 12;
  • Minors may only use this Application under parental or adult supervision;

 

Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is provided by Axonforce.

Axonforce undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

  

Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that Axonforce has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Axonforce is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

 

Acceptable use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, Axonforce reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Provider’s legitimate interests;
  • offend the Provider or any third party.

 

TERMS AND CONDITIONS OF DOWNLOADING

 

This application is free the terms of download and installation on your device refer to those specified by the relevant reference stores.

Download via app store

This Application must be downloaded via a third-party app store. To access such download, Users must follow the instructions provided on the relevant online store (such as “Apple App Store” or “Google Play”), which may vary depending on the particular device in use.

Unless otherwise specified, download done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

Users downloading through such third-party online stores must therefore read such terms and conditions of downloading carefully and accept them.

  

Delivery

Delivery of digital content

Unless otherwise stated, digital content purchased on this Application is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.

Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

 

Liability and indemnification

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

 

US Users

Disclaimer of Warranties

 

Without limiting the foregoing, the Provider, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Provider does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The provider cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

 

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall the Provider, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Common provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service interruption

To ensure the best possible service level, the Provider reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Provider may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Provider will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Provider’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

  

Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

 

Changes to these Terms

The Provider reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Provider will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Provider.

 

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

 

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

 

US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Provider with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law.

Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

 

Governing law

These Terms are governed by the law of the place where the Provider is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

 

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

 

Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Provider is based, as displayed in the relevant section of this document.

 

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.

 

Dispute resolution

Amicable dispute resolution 

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Provider at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Provider email address specified in this document.

The Provider will process the complaint without undue delay and within 21 days of receiving it.

 

Definitions and legal references 

This Application (or this Application)

The property that enables the provision of the Service.

 

Agreement

Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

 

Business User

Any User that does not qualify as a Consumer.

European (or Europe)

Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

 

Example contact form

Addressed to:

AXONFORCE Via Vincenzo Verrastro 17 A/E – 85100 Potenza – Italy
privacy@pixodust.com

_____________________________________________

  • Ordered on: _____________________________________________ (insert the date)
  • Received on: _____________________________________________ (insert the date)
  • Name of user:_____________________________________________
  • Address of user:_____________________________________________
  • Date: _____________________________________________

(sign if this form is notified on paper)

 

Owner (or We)

Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.

 

Product

A good or service available for purchase through this Application, such as e.g. physical goods, digital files, software, booking services etc.

Service

The service provided by this Application as described in these Terms and on this Application.

 

Terms

All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You)

Indicates any natural person or legal entity using this Application.

Virtual Currency

A non-monetary asset by which Users may purchase specific Products offered on this Application under the conditions specified by the Provider. Such assets can be manifested by codes, tokens, digital images etc.

Consumer

Any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.

 

Latest update: 22 11 2022