“Add-ons”:

Refer to the additional features or enhancements of the Products and Services offered to the Customer. Add-ons and the respective Add-on Fees are specified in the respective Product-Specific Terms (PST) and/or License Model and/or any agreement entered into in writing between Mintra and Customer.

“Add-on Fees”:

Refer to the Add-on specific fees for each Add-on selected by Customer.

“Addendum”:

Means a written addendum to the Agreement duly signed by both Parties.

“Affiliate(s)”:

Means any entity Controlling, Controlled by, or under common Control with the Customer or Mintra respectively.

“Agreement”:

Refers to any agreement entered into in writing by and between the Parties which makes reference to the application of this Glossary of Legal Terms and/or, where applicable, the Agreement or the Terms and Conditions as defined in the General Terms and Conditions (GTC) under the section titled “Interpretation”.

“Annex”:

Means an annex making reference to or being referred to in the Agreement.

“Application”:

Refers to each application, platform or software offered by Mintra to Customer required to enjoy the Products and Services. The Application for each Product and Service is specified in the respective Product Specific Terms (PST).

“Anti-Bribery Laws”:

Refers to the laws and regulations relating to anti-corruption and anti-bribery which apply internationally and nationally to the Jurisdiction.

“Blended Training”:

Has the meaning defined in PST: Learning.

“Business Day”:

Means any day (other than Saturday or Sunday) on which ordinary banks are open for their full range of normal business in the Jurisdiction.

“Calendar Year”:

Refers to each successive period of 12 (twelve) consecutive months commencing on the 1st day of January and ending on the 31st day of December of each year.

“Classroom Training”:

Has the meaning defined in PST: Learning.

“Competitor”:

Means any individual or company designing, developing, licensing, manufacturing, marketing or distributing any products or services which are competitive with the Products and Services provided by Mintra to Customer pursuant to the Agreement.

“Confidential Information”:

Has the meaning ascribed to the term in the General Terms and Conditions (GTC) under the section titled “Confidentiality”.

“Control”:

Means the control which a person has over an Affiliate and any of the following; (i) direct or indirect ownership of fifty percent (50%) or more of the share capital or other ownership interest in any other entity; or (ii) the right to exercise fifty percent (50%) or more of the votes in any other entity; or (iii) the contractual right to designate more than half of the members of such entity’s board of directors or similar executive body; or by virtue of any power conferred by the law, constitutional documents, agreements or arrangements regulating or relating to such undertaking.

“Courses”:

Has the meaning defined in PST: Learning.

“Customer”:

Means the customer entering into the Agreement with Mintra as specified at the beginning of the Agreement. Where applicable, reference to Customer includes reference to Customer Admins.

“Customer Admin(s)”:

Means the person(s) employed or engaged by Customer as its administrator(s) to manage the Products and Services on the Customer’s behalf.

“Data Processing Agreement”:

Please visit our Data Protection section for FAQs and our Data Processing Agreement on docs.mintra.com/display/dataprotection. Mintra may revise this information from time to time to accommodate changes to applicable Data Protection Legislation.

“Data Protection Legislation”:

Means the GDPR and/or any national implementing laws, regulations, and secondary legislation (as amended from time to time) in the Jurisdiction. The term shall be construed to include any legislation which succeeds the GDPR.

“Data Subject(s)”:

Any person(s) whose Personal Data is processed by either Party for the purposes of the Products and Services.

“Delivery Formats and Methods”:

Has the meaning defined in PST: Learning.

“Disclosing Party”:

The Party disclosing Confidential Information to the other Party.

“DPA”:

Acronym for the Data Processing Agreement defined in this Glossary of Legal Terms.

“E-Learning Training”:

Has the meaning defined in PST: Learning.

“Effective Date”:

Has the meaning ascribed to the term in the General Terms and Conditions (GTC) under the section titled “Term” or as otherwise specified in the Product-Specific Terms (PST) or as otherwise agreed by the Parties in writing.

“End-User(s)”:

Refers to the end-users of the Products and Services.

“End-User Terms of Service”:

Refers to the general or product-specific End-User Terms of Service applicable for the Products and Services located at www.mintra.com/legal.

“EUTS”:

Acronym for the End-User Terms of Service defined in this Glossary of Legal Terms.

“Features”:

Refers to the features of the Products and Services specified as such in the respective Product-Specific Terms (PST) or the Agreement.

“Fees”:

Refers to the fees payable for the Products and Services as specified in the Agreement, the Product-Specific Terms (PST) or the agreed License Model(s).

“Force Majeure”:

Has the meaning ascribed to the term in the General Terms and Conditions (GTC) under the section titled “Force Majeure”.

“GDPR”:

Acronym for the General Data Protection Regulation defined in this Glossary of Legal Terms.

“General Data Protection Regulation”:

Refers to the General Data Protection Regulation (EU) 2016/679 of 27 April 2016.

“General Terms and Conditions”:

Refers to the general terms and conditions of Mintra located at www.mintra.com/legal.

“Glossary of Legal Terms”:

Refers to this Glossary of Legal Terms.

“GTC”:

Acronym for the General Terms and Conditions defined in this Glossary of Legal Terms.

“Initial Subscription Period”:

Has the meaning ascribed to the term in sub-section 6.4.4 of the GTC.

“Instructor”:

An individual authorised by Training Provider to deliver Courses through Classroom Training, Virtual Classroom Training and (relevant part of) Blended Training.

“Intellectual Property” and

“Intellectual Property Rights”:

Means:

(a) any and all rights in any copyrights, patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, database rights, know-how, rights in designs and inventions;

(b) rights under licences, consents, orders, statutes or otherwise in relation to a right in paragraph (a);

(c) rights of the same or similar effect or nature as or to those in paragraphs (a) and (b) which now or in the future may subsist; and

(d) the right to sue for past infringements of any of the foregoing rights;

“Jurisdiction”:

Means the jurisdiction of the applicable national legislation governing the Agreement and the jurisdiction of the Courts identified as responsible for the resolution of disputes concerning the Agreement, as identified therein.

“Learning Management System”:

A software application or web-based technology used to plan, implement and assess a specific learning process.

“Licence”:

Means the licence granted to the Customer by Mintra in accordance with section 5 of the General Terms and Conditions (GTC) and/or as further specified in the applicable Product-Specific Terms and/or as otherwise agreed by the Parties in writing.

“License Model”:

Refers to the types of licenses and/or payment schemes offered by Mintra for the Products and Services as further defined in the respective Product-Specific Terms (PST) or the Product Data Sheet, or as otherwise agreed by the Parties in writing.

“LMS”:

Acronym for Learning Management System as defined in this Glossary of Legal Terms.

“Material”:

All material or by-products derivant from the use of the Products and Services or the Add-ons or the Applications in accordance with the scope of the Agreement.

“Minimum Period”:

Means a period which is no less than the period indicated in the License Model selected and agreed by the Customer.

“Minimum System Requirements”:

Refers to the minimum specifications required to allow Customer to enjoy the Products and Services.

“Mintra”:

Means the specified Mintra Group company entering into the Agreement with the Customer.

“Mintra Courses”:

Has the meaning defined in PST: Learning.

“Mintra Group”:

Means Mintra Holding AS and its Affiliates.

“Nano Training”:

Has the meaning defined in PST: Learning.

“OCS HR”:

OCS HR is a complete crew management solution for complex business environments offered by Mintra.. Visit www.mintra.com for more details.

“Party” / “Parties”:

Refers separately to each party and collectively to all parties entering into the Agreement.

“Payment Terms”:

Refers to the payment terms of Mintra specified in the General Terms and Conditions (GTC) under the section titled “Fees and Payment”.

“Personal Data”:

Has the meaning ascribed to the term in the Data Processing Agreement.

“Product Data Sheet”:

Refers to the informative brochure provided upon request by Mintra’s sales team or made available on the relevant Product’s and Service’s website detailing the Product’s and Service’s specific information.

“Product-Specific Terms”:

Refers to the product-specific terms and conditions for each of the Products and Services offered by Mintra located at www.mintra.com/legal.

“Products and Services”:

Refers to the products and services provided by Mintra to the Customer in accordance with the terms and as further defined in the Agreement and the applicable Product-Specific Terms for each such product and/or service.

“PST”:

Acronym for Product-Specific Terms defined in this Glossary of Legal Terms.

“Receiving Party”:

The Party receiving Confidential Information from the other Party.

“Relevant Policies”:

Refers to Mintra Group's ethics, anti-bribery and anti-corruption policies as they may be updated from time to time.

“Sanctions”:

Shall refer to any restrictive measures, administered or enforced by the European Union, U.S. Department of Treasury’s Office of Foreign Assets Control, the United Nations Security Council, Her Majesty’s Treasury, or any other relevant sanctions’ authority, which affect in any way Mintra and/or come in conflict with the Products and Services and/or any of Mintra’s business activities.

“Schedule”:

Means a schedule making reference to or being referred to in the Agreement.

“Software”:

Means the underlying software of Products and Services or Add-ons or Applications to which Customer has access for the purposes of the Agreement.

“Subscription Fee”:

Has the meaning ascribed to the term in sub-section 6.4.4 of the GTC.

“Subscription Period”:

Has the meaning ascribed to the term in sub-section 6.4.4 of the GTC.

“Term”:

Refers to the term of the Agreement as defined in the General Terms and Conditions (GTC) under the section titled “Term” or as otherwise agreed between the Parties in writing.

“Terms and Conditions”:

Refers to the Agreement and the Terms and Conditions as defined in the General Terms and Conditions (GTC) under the section titled “Interpretation” or to any other agreement entered into in writing by and between the Parties which makes reference to the application of this Glossary of Legal Terms.

“Third-Party Services”:

Refers to any content of a third party, including software, data, information, products and services, which is licensed to Mintra and which may be included in the Applications for purchase and/or use by the Customers and/or End-Users, subject to applicable third-party terms and conditions.

“TMS”:

Acronym for the Training Management Services defined in this Glossary of Legal Terms.

“Training Management Services”:

Has the meaning defined in PST: Training Management Services (“TMS”).

“Training Provider”:

A third-party training-provider authorised by Mintra, pursuant to and in accordance with a cooperation agreement, to deliver the Courses, through Instructors or otherwise.

“Trainingportal”:

Has the meaning defined in PST: Trainingportal.

“Trainingportal: Functionality and Service Level”:

Has the meaning defined in PST: Trainingportal

“Virtual Classroom Sessions”:

Has the meaning defined in PST: Learning.

“Virtual Classroom Training”:

Has the meaning defined in PST: Learning.