Seduo product terms for clients

 

1. INTRODUCTORY PROVISIONS

1.1 LMC s.r.o., with its registered office at Prague 7, Jankovcova 1569/2c, postcode 17000, company ID 26441381, incorporated in the Commercial Register kept by the Municipal Court in Prague, Section C, File 82484 (“LMC“), issues the following Product Terms for Clients governing other terms of use of the LMC Electronic System seduo.cz by Clients and the provision of related Services to Clients (“Product Terms”).

1.2 The rights and obligations of LMC and the Client not expressly stipulated in these Product Terms are governed by the LMC General Terms and Conditions for Businesses available at https://www.lmc.eu/en/general-terms-conditions/ (“GTC“) and the provisions of the applicable laws and regulations. In the event of any discrepancy between these Product Terms and the GTC, the present Product Terms shall prevail.

2. DEFINITIONS OF THE TERMS USED

2.1 The terms used in these Product Terms have the following meaning:
(a) Administrator Account: environment within the LMC Electronic System that may arise after creating a Client Profile and enabling the Client’s authorised employee to manage the use of the Services, in particular the removal and addition of Users. The Administrator Account is always also a User Account.
(b) Client Profile: summary of Client’s identification data for display in the LMC Electronic System, created and managed by LMC for the purpose of providing the Services to the Client.
(c) User: individual in a contractual relationship with the Client (usually the Client’s employee or the person otherwise cooperating with the Client, for example, on the basis of a service agreement, assignment contract, etc.) and using the LMC Electronic System via the User Account.
(d) User Account: environment within the LMC Electronic system that enables the User to use the Services.

2.2 Other terms used in these Product Terms but not defined herein have the meaning defined in the GTC.

3. COMMENCEMENT OF SERVICES

3.1 An order for seduo.cz Services may be placed in a documentary form and must include at least:
(a) The requested specification of the Services;
(b) The term of providing the Services.

3.2 The order of the seduo.cz Services shall be binding for the Client as of its delivery to LMC.

3.3 Providing the Services will be initiated by the LMC within the term specified in the Agreement.

4. CLIENT’S OBLIGATIONS

4.1 The Client is obliged to have his/her Client Profile for use of the seduo.cz Service.

4.2 LMC will create as many Administrator Accounts or User Accounts as needed by the Client. Creating the Administrator account or User Account is possible through registration via a link in the confirmation e-mail sent by LMC to the Client or otherwise as agreed by the Parties. The Client is required to provide LMC with contact details for creating the Administrator Account and a list of e-mail addresses and other data of the Users to be allowed to use the Services.

4.3 The Client declares and undertakes to ensure that:
(a) LMC is entitled to handle the e-mail addresses and other contact details of the Users sent to LMC by the Client or uploaded via the Administrator Account within the performance of the Agreement and in accordance with the applicable laws and regulations;
(b) The Client will comply with all provisions of applicable laws and regulations when handling e-mail addresses and other User data.

4.4 The Client may cancel their Client Profile or the Administrator Account in the LMC Electronic System at any time free of charge by contacting support at pomuzeme@seduo.cz.

4.5 Cancelling the Client Profile will result in:
(a) Anonymizing the data of the Administrator Account in the LMC Electronic System;
(b) Anonymizing the User Accounts of all Users using the Services;
(c) Terminating the processing of personal data of the authorised individuals of the Client and Users for the purpose of using the LMC Electronic system;
(d) Terminating the Agreement without claim for compensation.

4.6 Cancelling the Administrator Account will transfer the Administrator Account access rights to the current User Account.

5. AVAILABILITY OF THE SERVICES TO THE USER AND COPYRIGHT

5.1 The Client acknowledges that the Services may be provided to the User only under the following terms, which the Client undertakes to fulfil:
(a) Using the Services is enabled to the Users based on successful registration and creation of a User Account.
(b) Prior to using the LMC Electronic System, the User is required to complete their registration via a link in the e-mail invitation sent by LMC.
(c) Prior to creating the User Account, the User is required to grant consent to the “Terms of Use of seduo.cz for Users” and adhere to these terms, including any updates of such terms issued by LMC.
(d) If the password to the User Account gets lost, it may be renewed via a User’s request sent to LMC by means of sending the hyperlink for restoring the password on the User’s e-mail address.
(e) The User is entitled to use the Services from the date of registration to the LMC Electronic System until the expiry of the Agreement or the agreed term of providing the Services, unless the Client Profile or the relevant User Account has been cancelled earlier.
(f) The Client and the Users are entitled to use the Services exclusively within the scope of the Agreement only for their own needs and for the fulfilment of the Client’s needs.
(g) Using the LMC Electronic System, or the Services or their parts is always allowed only to a particular User, who may not share their login data (non-transferable licence). The Client may remove the User from the Client Profile (thereby cancelling their User Account) and replace the User with the new User free of charge only if the User has not begun to use the Services during the term of the Agreement; in other cases, the standard pricing terms for adding the User will apply.
(h) The User may repeatedly view the content of the Service via the LMC Electronic System, yet neither the User nor the Client is allowed to download the content of the Service.

5.2 LMC will make the Services available to Users without limiting the number of viewings of each lesson and without limiting the number of taking final tests and quizzes.

5.3 LMC is entitled to send e-mail and other notices related to the provision and use of the Services to User Accounts (including Administrator Accounts).

5.4 The whole content of the LMC Electronic System is protected by copyright laws and regulations and other intellectual property rights, and LMC is the exclusive holder of these rights, or they belong to the licence provider, as the case may be. Granting access to the Service to the Client or the User does not provide any rights associated with capturing, displaying, reproducing and disseminating the form, image, representations, or image and sound records concerning the person (persons) acting within the digital content made available within the Services, nor the name, surname, or academic degree, including the processing and incorporation into an audiovisual work or for any other marketing purposes. Any such use is allowed only with the express consent of the authorised persons or in accordance with the applicable laws and regulations.

5.5 The Client must not allow the User to use the LMC Electronic System or its part otherwise than for their own needs or for the internal needs of the Client. In particular, the User must not use the LMC electronic system or any part thereof by means of dissemination or copying or for further technical processing without a consent demonstrably granted by LMC. The Clients or Users are also prohibited from tampering in any way with the technical means or contents of the LMC electronic system.

5.6 In the event of a breach of the above terms, LMC is entitled to suspend or discontinue, as well as otherwise prevent access to the Service to the relevant User (including data deletion). In such cases, the Client is not entitled to any compensation from LMC.

6. COMPLAINT PROCEDURE

6.1 The scope of the Services provided set forth in the Agreement applies until LMC discontinues the operation of the LMC Electronic System or provision of the Service (or an online course in question). However, the User will have the right to use the Service (or an online course in question) at least for the term of the Agreement (usually at least twelve (12) months from the effective date of the Agreement).

6.2 If the Service does not have specified properties, the Client shall notify LMC, which may, at the Client’s request, grant access to new Services free of any defects to the Users, unless it is unreasonable due to the nature of the defect. If the defect affects only a portion of the Service, the Client may only request a new access to any such portion of the Service. If the Client fails to notify a defect without undue delay after it could have been detected as a result of timely inspection or due care (especially once the defect concerned has been reported by the User), the Client may be denied the right arising from defective performance.

6.3 LMC accepts complaints at pomuzeme@seduo.cz.

7. FINAL PROVISIONS

7.1 These Product Terms are valid and effective as of 24 April 2018. For Clients who concluded an Agreement with LMC prior to the effective date of these Product Terms, these Product Terms shall apply upon expiry of the thirty (30) day term from the notification of a change of these Product Terms.

LMC s.r.o.