END USER TERMS OF SERVICE

FOR

TRAININGPORTAL

Latest Update: 24/10/2023

Unless otherwise defined herein, capitalised terms used in this Agreement shall have the respective meaning ascribed to each term in the “Glossary of Legal Terms” located at https://mintra.com/legal.

The material contained in the following software has been provided under license by Mintra AS (“Mintra”), whose head office is listed below.

There are certain terms and conditions pertaining to that license and to your use of the Software (“Software”) to which you as a user must adhere. Only individuals (“Users”) authorised by the subscribing licensee organisation may access and use the Software.

All Software, regardless of the means of User access, is governed by the same terms of use. Your use of this Software is conditional on agreement to these terms.

Please read the following terms of use prior to confirming acceptance.

Future use of the Software by means of a User password will signify continuing acceptance of the terms and the User’s agreement to be bound by them.

Mintra may occasionally be required to amend or update the terms of use or privacy policy. A link will be provided on all subsequent logins so that you may refer to the current terms, or to enable you to retract any previous agreement.
 

Copyright

The copyright and other intellectual property rights in the Software and any associated documentation are owned by Mintra or third-party licensors licensing the Software to Mintra. This material includes, but is not restricted to, the design, layout graphics, database, media content and text. You acknowledge that your sole right with regard to the Software and any associated documentation is a limited right of use in accordance with the terms and conditions of the subscriber agreement between Mintra and your subscribing licensee organisation. Any unauthorised use or reproduction of this material, in whole or in part, in any format will be deemed a breach of Mintra’s or the relevant third party's copyright.

In addition, you are not permitted to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software, save to the extent expressly permitted by mandatory law.

Links

The Software may contain links to third party external websites. Mintra has no control over the content and availability of these sites and inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Mintra is not responsible for the privacy policies operated by such sites and does not accept responsibility for any information obtained by third parties as a result of use by you of such hypertext links. Mintra are not responsible, directly or indirectly, for any damage or loss caused by the use of or reliance on the content of such sites.

Liability

Mintra shall not be liable for any direct, indirect, consequential, incidental or special loss or damages, claims for lost profits or third-party claims resulting from your use of the Software, reliance upon the results obtained through such use, or as a result of any misinterpretation of the Software content. Mintra shall not be responsible for the accuracy of the Software.

Warranty

Your use of any information or materials contained in this Software is entirely at your own risk. It shall be your responsibility to ensure that any information made available by means of this Software meets your specific requirements. Mintra makes no warranties of any kind related to the Software, either express or implied. Mintra specifically disclaims any warranty with regard to satisfactory quality or fitness for any particular purpose, or freedom from infringement of third-party patents, copyrights, trade secrets or other proprietary rights by the Software. The Software is provided on an as is basis and Mintra makes no representations or warranties as to the operability of the Software, either in its present or any modified form.

Data Protection and Privacy Policy

Mintra is committed to ensuring that your privacy is protected. Any personal information about you that is processed by the Software from your use of the Software will only be used by Mintra in accordance with relevant law and in accordance with the permitted use as described in the subscriber agreement between Mintra and your subscribing licensee organisation. Mintra is only a data processor regarding the use of such personal information and any questions about the permitted use must be addressed to your subscribing licensee organisation, which is the data controller. Mintra will at all times respect your privacy and confidentiality and keep your personal details secure from unauthorised access, use or disclosure. Personal data will be stored for the period necessary to fulfil the subscription agreement between Mintra and your licensee organisation, as well as to fulfil Mintra's statutory duties. Personal data may be shared with third parties where Mintra is legally obliged to do so, as well as with certain suppliers in connection with Mintra's IT outsourcing. In such cases, information is stored on separate servers operated by the supplier. Any request for access, correction, deletion, limitation or data portability must be directed to your licensing organization.

Please visit our Mintra Group Data Protection site for access to our most up to date Mintra Group Data Processing Agreement and frequently asked questions, and our Mintra Group Privacy Policy for details on the collection and processing of your personal data by Mintra. If there are any questions regarding data protection, privacy or GDPR, please use our dedicated email address for questions related on these issues, gdpr@mintra.com.

Security

Mintra is committed to ensuring that all personal and corporate confidential information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure such information.

Users will take responsibility to safeguard their stored data and personal information and to keep system passwords safe and all confidential information secure.

Users should be aware that it is a criminal offence to access or modify data or Software which are stored or transferred by electronic or other technical means or make available to others passwords or other data which may provide access to a data system, without the appropriate authorisation. Any attempt, therefore, to gain access to any part of the Software to which you have not been granted specific authorisation may constitute an offence.

Cookies policy

By using the Software provided by Mintra and accepting this agreement, you consent to our use of cookies.

The cookies used are required for normal operation of the Software and do not contain any information that could be used to identify you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. Click here for more information on our cookie policy.

Sanctions and Export Restrictions

Mintra complies with applicable sanctions, trade restrictions and export controls in its countries of operations. As part of our efforts to comply with such laws and regulations, we assess the necessity to obtain governmental or other authorisations before engaging in business activities with specific countries, companies or individuals, and we diligently abide by such authorisations. Furthermore, we establish and implement processes and provide awareness training as internal components of our procedures. In this regard we expect the same commitment to compliance from our business partners, customers and Users of our products and services.

By purchasing or licensing or reselling or using or in any other way engaging with Mintra’s products and services, you acknowledge and agree to the following:

1. You are responsible for complying with all international sanctions and export restrictions applicable to our products and services, including those imposed by the European Union (EU), the United States of America (USA), the United Nations (UN) and other relevant bodies.
2. You must ensure that your activities, including the use of our products and services, do not violate these sanctions or export restrictions.
3. You will not use our products and services for any business activities, directly or indirectly, involving countries, organisations, or individuals subject to applicable sanctions or export restrictions. It is your responsibility to regularly review and comply with the list of sanctioned countries, organisations, and individuals provided by the relevant authorities and by Mintra.
4. You will, under no circumstances, engage in any transactions, including the use of our products and services, that may in any way contribute to activities such as terrorism or human rights abuses.
5. You must ensure that our products and services are used solely for their intended purposes within your organisation. You shall not transfer, distribute, or make available our products and services to unauthorised individuals or entities. It is your responsibility to maintain adequate end-user controls and records to prevent unintended use or unauthorised access.
6. You are encouraged to provide your employees with the necessary awareness and training regarding sanctions and export restrictions. This includes educating them on their obligations, identifying potential risks, and reporting any concerns related to the use of our products and services.
7. If you become aware of any potential violations or suspicious activities related to sanctions and export restrictions, you must promptly report them to the appropriate authorities and notify us accordingly. We strongly encourage open and transparent communication to address any compliance concerns effectively.
8. You agree to comply with all applicable laws, regulations, and industry standards related to sanctions and export restrictions.
9. You agree to cooperate with any audits or inquiries conducted by regulatory authorities or reasonably requested by Mintra to verify your compliance.
10. You agree that failure to comply with this policy may result in the termination of our business relationship and may have legal and other consequences.

Applicable Law

This agreement is governed by the laws of the country which Mintra is established and subject to the exclusive jurisdiction of the courts of such country.