Terms and Conditions of Use

Last Updated: 15^th July 2018

PLEASE READ THIS DOCUMENT CAREFULLY.

The Experience Accelerator SARL (“The Experience Accelerator,” “we,” or “us”) offers an online learning platform incorporating role play, video recording and feedback analysis through its website located at www.theskillsaccelerator.com or www.educationavatar.com  which is called “The Experience Accelerator Service”. By creating and using an account with us, you are accepting these Terms of Service and our Privacy Policy, which together form a binding agreement between you and The Experience Accelerator (“Agreement”). If you do not wish to be bound by these Terms of Service or by the Privacy Policy, we respectfully ask you not to use the Experience Accelerator Service.

1. Who May Use the Experience Accelerator Service

AGE REQUIREMENT: You must be at least 18 years old to use The Experience Accelerator Service.

2. License to Use The Experience Accelerator Service

LICENSE: If you are an individual, The Experience Accelerator grants you a limited, non-exclusive license to access and use The Experience Accelerator Service for your own training and personal development.  This license is personal to you and may not be assigned or sublicensed to anyone else.  All rights not expressly granted by The Experience Accelerator are reserved.  If you are a company or other organisation that is offering the Experience Accelerator Service to employees, the license is valid for the number of employees for whom you have purchased the license.  You may not permit employees to share accounts, nor may you transfer licenses from one employee to another without our prior written consent.  

NO COMMERCIAL USE:  You may not use The Experience Accelerator Service for commercial purposes unless by prior written arrangement.

RESTRICTIONS: Except as expressly permitted by The Experience Accelerator in writing, you must not scrape, reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble The Experience Accelerator Service or any of its source code. You may not attempt to circumvent any of The Experience Accelerator’s technical measures or take any measures to interfere with or damage The Experience Accelerator Service.

3. Your account

REGISTRATION: To fully use The Experience Accelerator Service, you open an account.  This will include the provision of information about you and the creation of a user name, password, and valid email address. You must have agreed to these Terms of Service, including the Privacy Policy, before you use The Experience Accelerator Service.  You must provide complete and accurate registration information to The Experience Accelerator and notify us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement.

ACCOUNT SECURITY: You are responsible for all activity that occurs under your account. You must not allow others to use your account credentials and you must safeguard the confidentiality of those credentials. If you are using a computer that others have access to, you must log out of your account after using The Experience Accelerator Service. If you become aware of any unauthorized access to your account, you must change your password and notify us immediately at the following email address: support@theexperienceaccelerator.com

4. Confidentiality and data protection

CONFIDENTIALITY

The Experience Accelerator takes all reasonable steps to ensure that information provided by you is kept confidential at all times.  Content and other information uploaded by you may be viewed, in confidence, by authorised members of the Experience Accelerator team or its University Partners for the purpose of providing coaching and feedback to you and developing Experience Accelerator products.  Where your account is provided by your employer, information provided by you will not be shared with your employer unless you freely and expressly give your prior written consent for us to share it.

DATA PROTECTION

The Experience Accelerator takes all reasonable steps to ensure that personal information is collected and processed in accordance with applicable laws. 

For details, please review our Privacy Policy, which can be accessed here.  The Privacy Policy explains:

• What information we may collect about you;
• How we use that information; and
• With whom we share that information.

5. Subscriptions and Purchases

PRICE AND PAYMENT

The price for each type of subscription is the price shown on our website on the date when you place your order or in written form in a separately negotiated agreement.  All prices exclude VAT where applicable.

You may pay for your subscription online using your credit or debit card, as long as your web browser permits Secure Socket Layer (SSL) communication.  This is for your protection, to ensure that you cannot accidentally place an order through an unsecured connection.  If you attempt to pay for a subscription, and the attempt fails, please check whether your browser permits SSL.

CANCELLATION AND REFUNDS: Users who purchase annual subscriptions have thirty (30) days after their purchase to cancel and receive a full refund. Users who purchase monthly subscriptions have five (5) days after purchase to cancel and receive a full refund, except those who are located in the European Union, who have fourteen (14) days after purchase to cancel and receive a full refund. After the cancellation period ends, all purchases are final and all fees paid are non-refundable, even if your account is later terminated by The Experience Accelerator. If your account is terminated due to your breach of this Agreement during the relevant cancellation period, you will not be refunded. If you have questions, please contact us at support@theexperienceaccelerator.com.

RENEWALS: Subject to the terms of this Agreement, you may choose to renew your subscription at the end of the subscription period. By default, all subscriptions are set to automatically renew for the same period of time as the original subscription. You may decline to renew at any time prior to the commencement of a renewal subscription. The Experience Accelerator reserves the right to deny subscriptions, renewals, and other purchases.

END OF SUBSCRIPTION: When an Experience Accelerator subscription ends, the account automatically becomes a Basic (free) account and The Experience Accelerator may disable access to or delete any content to comply with Basic account limits and in accordance with applicable laws.  If you wish to delete your account, please contact us at support@theexperienceaccelerator.com

6. Term and Termination; Account Deletion

TERM: This Agreement begins on the date you first use The Experience Accelerator Service and continues as long as you have an account with us.

ACCOUNT DELETION: You may delete your account at any time. Basic accounts will be deleted from The Experience Accelerator Service if they remain inactive (i.e., the user fails to log in) for a continuous period of at least twelve (12) months. Subscription accounts will remain active until the end of the subscription term and any renewal term. 

TERMINATION FOR BREACH: The Experience Accelerator may suspend, disable, or delete your account (or any part of it) or block or remove any content you submitted if The Experience Accelerator determines that you have breached any provision of this Agreement or that your conduct or content could cause damage to The Experience Accelerator’s reputation and goodwill. If The Experience Accelerator deletes your account for any of these reasons, you may not re-register for The Experience Accelerator Service.

EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination of this Agreement, all licenses granted by The Experience Accelerator will terminate.

7. Content Restrictions

You must not submit any content that:

• Infringes any party’s intellectual property rights;
• Contains sexually explicit content or pornography;
• Contains hateful, defamatory, or discriminatory content or incites hatred against any individual or group;
• Exploits minors;
• Depicts unlawful acts or extreme violence;
• Promotes fraudulent or dubious business schemes; or
• breaks any law.

8. Code of Conduct

In using The Experience Accelerator Service, you must behave in a civil and respectful manner at all times. This means that you must refrain from the following:

• Acting in a deceptive manner;
• Harassing or stalking any person;
• Harming or exploiting minors;
• Distributing “spam”;
• Collecting information about others; or
• Advertising or offering for sale any product or service.

9. Licenses Granted by You

LICENSE TO THE EXPERIENCE ACCELERATOR: As between you and The Experience Accelerator, you own the content that you submit to The Experience Accelerator Service. By submitting content, you grant The Experience Accelerator and its affiliates a limited, worldwide, non-exclusive, royalty-free license and allow Experience Accelerator employees, University Partners and/or Tutor and Coach contractors to play, review, assess, upload and download your content for the provision of the Experience Accelerator Service and in accordance with applicable laws. 

DURATION OF LICENSES: The above licenses will continue unless and until you request your content to be removed from The Experience Accelerator Service, in which case the licenses will terminate on receipt by The Experience Accelerator of your request.

10. Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to The Experience Accelerator and grant the licenses set out above; (ii) The Experience Accelerator will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

11. Indemnification

You will indemnify, defend, and hold harmless The Experience Accelerator and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on The Experience Accelerator Service; (ii) assert a breach by you of any term of this Agreement; or (iii) assert that any content you submitted to The Experience Accelerator violates any law or infringes any third party right.

12. Warranty and Disclaimers

The Experience Accelerator uses all reasonable efforts to ensure that the Experience Accelerator Service conforms to the description that we provide and is available as advertised.  The Experience Accelerator cannot, however, guarantee that the Experience Accelerator Service will provide you with any specific result, or that the Experience Accelerator service will be uninterrupted or error-free.     

The Experience Accelerator reserves the right to modify The Experience Accelerator Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to The Experience Accelerator Service.

You use The Experience Accelerator Service at your own risk.  If you are unsure whether the Experience Accelerator Service is suitable for you, please contact us at support@theexperienceaccelerator.com

13. Limitation of Liability

Except where The Experience Accelerator’s gross negligence or deliberate misconduct have caused death or personal injury, or in the case of fraud on our part, The Experience Accelerator’s total liability for loss or damage caused by us will be limited to the greater of the amount payable by you for The Experience Accelerator Services and the total amount payable by our insurers for the relevant liability.  The Experience Accelerator does not accept liability for indirect or consequential losses of any kind.

14. General Provisions

GOVERNING LAW: This Agreement is governed by the laws of Switzerland.

DISPUTES: If any dispute arises between you and us in relation to The Experience Accelerator Service, both parties will use our best efforts to resolve it by negotiation in good faith.  If there is no resolution within 30 days of the start of the negotiation, each party agrees that this clause operates to submit the dispute to mediation.  Neither you nor we will start any court proceedings unless the mediation fails to settle the dispute or the other party has refused to participate in mediation.  Notwithstanding the requirement to mediate, either you or we may apply to any court of competent jurisdiction for emergency relief, such as an injunction, to protect our rights and interests.

SEVERABILITY: If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, the remainder of this Agreement shall remain valid and enforceable to the extent permitted by law.

NOTICES:  You consent to receive all communications including notices, agreements, disclosures, or other information from The Experience Accelerator electronically. The Experience Accelerator may provide these communications by email or by posting them on The Experience Accelerator Service. For support-related inquiries, you may contact us at support@theexperienceaccelerator.com. You may send legal notices to The Experience Accelerator at The Experience Accelerator Sàrl, Route de St Maurice 228, 1814 La Tour de Peilz, Switzerland

Attention: Legal Department

MODIFICATION: We reserve the right to modify these Terms of Service from time to time.  We will notify you of our revised Terms of Service by requiring you to read and accept them when you next log on to The Experience Accelerator Site.

ENTIRE AGREEMENT: This Agreement, together with our Privacy Policy, constitutes the entire understanding between The Experience Accelerator and you and supersedes any previous agreement between us relating to its subject matter.  You agree that in entering into this Agreement you did not rely on, and will have no remedy in relation to, any statement, representation, warranty or understanding which is not expressly set out in this Agreement.