PRODUCT SPECIFIC TERMS

FOR

LEARNING

(E-Learning, Classroom, Virtual Classroom, Blended and Nano Learning)

Version: 1.0

Latest Update: 01/01/2023

1. INTERPRETATION

1.1 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.

1.2 The following Product Specific Terms on the offering of Courses and their Delivery Formats and Methods (E-Learning, Classroom, Virtual Classroom, Blended and Nano Learning) (hereinafter referred to as “PST: Learning” or “PST”) shall be read in conjunction with the General Terms and Conditions and the documents referred to therein (hereinafter “GTC”) and the applicable product-specific terms regulating use of the Applications, and anything else agreed by the Parties in writing, and collectively shall form an integral part of the Agreement with the Customer in relation to the provision of the Products and Services offered by Mintra (the “Agreement”).

2. DEFINITIONS:

2. 1. For the purposes of these PST the following terms shall have the following meaning:

3. SCOPE:

3. 1. These PST set out the product-specific terms and conditions regulating the purchase and use of Products and Services.

4. PRODUCTS AND SERVICES

4. 1. Products and Services regulated with these PST consist of the Courses made available to Customer and/or End-User for purchase and/or use in accordance with the respective Delivery Formats and Methods.

4. 2. The following Products and Services, made available for purchase and use, are categorized as follows (hereinafter collectively referred to as “Courses”):

• 4. 2. 1. Mintra Courses: Courses developed by Mintra and are available for purchase and use in the Applications.
• 4. 2. 2. Customer Courses: Courses developed by the Customer, either independently or through the Features available in the Applications, as further described in these PST, and which are either made available for Customer’s internal business use of for purchase and/or use in the Application by third-parties in accordance with the provisions of a separate agreement entered into between the Parties.
• 4. 2. 3. Third-Party Courses: Courses that are developed by third parties and are made available to the Customers and/or End-Users for purchase and use, respectively, in the Application. Third parties are not a party to the agreement between Mintra and Customer.

5. PRODUCT AND SERVICE DELIVERY FORMATS AND METHODS

5. 1. This section lists and details the formats and methods through which selected Courses may be delivered to Customer and/or End-User. Available Delivery Formats and Methods for specific Courses are identified in the License Model or the Course description or the Product Data Sheet.

5. 2. E-Learning Training:

• 5. 2. 1. E-Learning Training refers to the online learning service and the Courses offered electronically via the Application. E-Learning Training offers End-Users the capability to watch such Courses online and, where available, virtually control the corresponding software through the Application’s virtual networking computing feature (the “Training Feature”). Upon completion of the Training Feature for a specific Course, the End-User is tested via the Application (the “Testing Feature”). For each successful test attempt of an End-User, Mintra or Customer can generate and issue a certificate through the Application (the “Certification Feature”). Unless otherwise agreed, Mintra provides End-Users with access to the relevant E-Learning Course by logging in to the Application with the use of a web browser.
• 5. 2. 2. Features:
  • 5. 2. 2. 1. Assignment of Courses to specific End-Users by Customers.
  • 5. 2. 2. 2. Training Feature.
  • 5. 2. 2. 3. Testing Feature.
  • 5. 2. 2. 4. Certification Feature.

• 5. 2. 3. Notwithstanding anything stated in this Agreement to the contrary, Courses offered through E-Learning Training are not allowed to be used by third parties, transferred to third parties, copied or in any other way disposed of or transferred beyond what is specifically provided in these PST.

5. 3. Classroom Training:

• 5. 3. 1. Classroom Training is the training delivered in a physical classroom by an Instructor. The Customer can use the Application as an online booking system of this service in accordance with the applicable Product-Specific Terms regulating use of the respective Application. The contents of the Courses are in accordance with the relevant Course description or Product Data Sheet; or, in accordance with any other requirements, specifications, descriptions or marketing material provided by the Training Provider for the relevant course or training.
• 5. 3. 2. Classroom trainings are arranged at an agreed time and location with the Customer. Mintra however reserves the right to cancel or reschedule a Classroom Training if there is a justified basis for doing so.

• 5. 3. 3. Features:
  • 5. 3. 3. 1. Assignment of Classroom Training Courses to specific End-Users by Customers.
  • 5. 3. 3. 2. Status of Classroom Training can be viewed by Customers via the Application.
  • 5. 3. 3. 3. Instructors are given access to the Application to confirm the attendance of each End-User and the successful completion of a Classroom Training. Failure of End-User to attend a Classroom Training is marked by the Instructor as “No-Show”.

5. 4. Virtual Classroom Training:

• 5. 4. 1. Virtual Classroom Training is the online virtual learning environment offered through the Application for the training of End-Users. Customers, through the Application, create an interactive virtual meeting or event (hereinafter referred as “Virtual Classroom Session”) and invite End-Users to take part in Virtual Classroom Sessions.
• 5. 4. 2. Customer confirms and agrees that its license to invite End-Users to Virtual Classroom Sessions is limited to End-Users who require such training for the purposes of the Customer’s business. Customer ensures that End-Users invited and attending Virtual Classroom Sessions are subject to and comply with all the applicable provisions of the Agreement, including the GTCs and these PST.
• 5. 4. 3. Customers require the below information to setup a Virtual Classroom Session:
  • 5. 4. 3. 1. Number of End-Users.
  • 5. 4. 3. 2. Date and duration of training.
  • 5. 4. 3. 3. Enrolment rules.
  • 5. 4. 3. 4. Notifications and calendar invites.

• 5. 4. 4. Technical Information for Virtual Classroom Training:
  • 5. 4. 4. 1. Runs on Chrome, Mozilla and Safari. Internet Explorer and Microsoft Edge are not compatible.
  • 5. 4. 4. 2. Requires an internet connection. Not available as an offline solution.
  • 5. 4. 4. 3. The browser will require access to microphone and webcam (where applicable).
  • 5. 4. 4. 4. It is a web-based application. For use via Google Chrome, Customer will be prompted to install an application to enable screen-sharing.
  • 5. 4. 4. 5. Concurrent sessions are not permitted.
  • 5. 4. 4. 6. Each Virtual Classroom Session has a 300-minute duration limit. There is no limit to number of sessions per class.
  • 5. 4. 4. 7. A maximum of 15 sessions can be recorded per month.
  • 5. 4. 4. 8. A standard maximum of 50GB storage for documents and media is provided (for additional storage Customer is required to contact support).

• 5. 4. 5. Features:
  • 5. 4. 5. 1. Audio/Video/Text communication: Multi-way audio streaming, real-time video streaming and private messaging service enabling Instructors to use the Virtual Classroom Training to interact in real-time with End-Users. Full screen video is available for a selection of screen resolutions.
  • 5. 4. 5. 2. Interactive board: A virtual blackboard enabling Instructor to draw and present notes, solutions, diagrams and graphs to End-Users in real time.
  • 5. 4. 5. 3. Voting: A voting tool used by the Instructor during the Virtual Classroom Session to ask questions and get immediate responses from the End-Users. Results of the vote are presented to End-Users in different formats (i.e. diagrams).
  • 5. 4. 5. 4. Collaborative groups: a group-setting feature where the Instructor can divide End-Users into smaller groups for collaboration (up to a maximum of five groups). While the End-Users are working in their assigned groups, the Instructor, acting as a moderator, can follow each of the groups and make changes to the group participants by moving End-Users from one group to another, if required.
  • 5. 4. 5. 5. Screen and file sharing: The Instructor can share his desktop and/or files (pdf, word, ppt, videos) with the End-Users. The Instructor has the option to enable End-Users to share their desktop and/or files during the Virtual Classroom Training.
  • 5. 4. 5. 6. Access to Virtual Classroom Training from standard devices and operating systems: Virtual Classroom Training is accessible on PC and Mac as well as on iOS (Apple iPad) and Android handheld devices, enabling Instructor and End-Users to participate on whichever device is available.
  • 5. 4. 5. 7. Trainingportal integration: The Virtual Classroom Training solution is seamlessly integrated with Trainingportal. All standard functionality available on Trainingportal is also available to Virtual Classroom Training as follows:
    • 5. 4. 5. 7. 1. Virtual Classroom Sessions are listed in the course catalogue.
    • 5. 4. 5. 7. 2. Notifications can be sent via e-mail or text messages.
    • 5. 4. 5. 7. 3. Reminders can be added in the participant’s calendar.
    • 5. 4. 5. 7. 4. When a course is registered as completed, it is transferred to the End-User’s curriculum vitae or competence profile.
    • 5. 4. 5. 7. 5. MP4 recording of the Virtual Training Session is saved on the cloud.

5. 5. Blended Training:

• 5. 5. 1. Blended Training offers a combination of E-Learning Training and Classroom Training, as detailed in section 5.2 and 5.3 of these PST respectively, for specific Courses. Customer books and manages Blended Training through the Application.

5. 6. Nano Training:

• 5. 6. 1. Nano Training enables the collection and distribution of information, in e-learning format, in smaller (nano) portions. Nano Training can be used for any purpose deemed necessary by the Customer, solely for internal purposes, where small amounts of information are required to be communicated to identified End-Users (product training, onboarding, internal policies and procedures, campaigns, presentations, etc).
• 5. 6. 2. Features:
  • 5. 6. 2. 1. Each Nano Training course can contain several modules.
  • 5. 6. 2. 2. Nano Training content can be presented in a selection of formats, i.e., converted powerpoint presentations, videos, imported e-learning content and tests.
  • 5. 6. 2. 3. Notifications with direct access links can be sent to End-User for each Nano Training module at certain time intervals, as further regulated in the relevant Application.

6. LICENSE

6. 1. Mintra License:

• 6. 1. 1. Mintra grants Customer a perpetual, non-transferable, non-sublicensable, temporary, and revocable license to use the Products and Services and the Delivery Formats and Methods in accordance with the relevant provisions of the GTC under the section titled “License”.

6 . 2. Customer License:

• 6. 2. 1. Customer holds and retains the copyright to Customer’s Courses specified in section 4.2.2. Furthermore, Customer grants Mintra a license to host the Customer Courses in the Application for the provision of the Products and Services regulated with these PST.

6. 3. Third Party License:

• 6. 3. 1. Mintra holds all relevant licenses to the Third-Party Services and Third-Party Courses required to offer the relevant Products and Services and Third-Party Courses to Customer and/or End-User.
• 6. 3. 2. The Products and Services 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 endorsement of the views expressed therein. 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 the use of such hypertext links by Customer and/or End-Users. Mintra is not responsible, directly or indirectly, for any damage or loss caused by the use of or reliance on the content of such sites.

7. FEES AND PAYMENT

7. 1. Unless otherwise stated in these PST or otherwise agreed in a separate agreement in writing between the Parties:

• 7. 1. 1. The available License Models and Fees for each Product and Service offered are listed in the Product Data Sheet and/or in the product description in the relevant Application facilitating the purchase of the Products and Services.
• 7. 1. 2. The Payment Terms, as specified in the GTC under the provision titled “Fees and Payment”, shall apply.

7. 2. Cancellation of Courses:

• 7. 2. 1. The following applies for cancellations of Courses purchased by Customer for delivery via E-Learning Training:
  • 7. 2. 1. 1.  Customer can cancel a Course if the Course has not been used or commenced; and the permitted period for cancellation, specified in the Product Data Sheet for each Product and Service or, where such period is not specified, 14 days from enrolment to the Product and Service, has not lapsed. For the avoidance of doubt, cancellation of participation by Customer or End-User is not discounted or refunded, and Customer is required to pay the full price for each purchased Course, if the cancellation is made after the relevant cancellation period or the Course has been used or commenced.
• 7. 2. 2. The following applies for cancellations of Courses purchased by Customer for delivery via Classroom Training and Blended Training:
  • 7. 2. 2. 1. Customer can cancel a Course if the Course has not been used or commenced; and the permitted period for cancellation, specified in the Product Data Sheet for each Product and Service or, where such period is not specified, 14 days from enrolment to the Product and Service, has not lapsed. For the avoidance of doubt, cancellation of participation by Customer or End-User is not discounted or refunded, and Customer is required to pay the full price for each purchased Course, if the cancellation is made after the relevant cancellation period or the Course has been used or commenced.
  • 7. 2. 2. 2. Customer can make changes to the participants up to one day prior to the commencement of each Course without incurring any additional charges.
  • 7. 2. 2. 3. Subject to the presentation of a legitimate medical certificate, cancellation of participation due to the incapacity of the End-User to attend due to illness, shall cause cancellation of the Fee payable for the respective Course.
  • 7. 2. 2. 4. If Mintra cancels any Course after payment for the Fee is received by Customer, Mintra will refund the paid amounts within 14 days following the notice of cancellation.
  • 7. 2. 2. 5. If a Course is rescheduled, for whatever reason, and End-User is unable to participate nor can he be replaced by another End-User, Mintra will refund the paid amounts within 14 days following such notice of rescheduling.

7.3 Price adjustments:

All prices are regulated annually on January 1st in line with the consumer price index supplied by the Central Statistics Bureau of Norway (SSB). Other price adjustments may be applied as a result of significant changes to functionality or usage patterns.

8. INTELLECTUAL PROPERTY RIGHTS:

8.1 Mintra’s Courses, mentioned in section 4.2.1, are the Intellectual Property of Mintra and are regulated in accordance with the provisions of the GTC under section titled “Intellectual Property Rights”.

8. 2. Customer’s Courses, mentioned in section 4.2.2, are the Intellectual Property of the Customer and are further regulated in accordance with a separate agreement in writing between the Parties or with the applicable product-specific terms.

8. 3. Third-party Courses, mentioned in section 4.2.3, are the Intellectual Property of the respective third party.

8. 4. Material developed by Training Providers for Classroom Trainings, which are not derivative material of the Intellectual Property of Mintra, are the Intellectual Property of Training Providers. Any derivative material of the Intellectual Property of Mintra, are the Intellectual Property of Mintra the use of which is licensed to Training Providers in accordance with a written agreement.

8. 5. Nano Training material, mentioned in section 5.6, are the Intellectual Property of the Customer, where they are provided by Customer, or of a third-party licensor respectively.

9. LIABILITY

9. 1. Subject to the provisions of the GTC under section titled “Liability”, Mintra cannot be held liable to Customer, End-Users, or third parties for any decisions made by Customer or Customer Admins or End-Users relying on the content of the Courses.

9. 2. The liability of Mintra for the Products and Services purchased pursuant to these PST shall be limited to the amount paid for each Product and Service.

10. DATA PROTECTION

10. 1. In addition to the applicable provisions of the GTC under the section titled “Data Protection” and the provisions of any DPA entered into by the Parties, the remaining provisions of this section shall apply with regards to the protection of personal data processed for the purposes of the provision of the Products and Services pursuant to these PST.

10. 2. During the use of the Products and Services mentioned in these PST, Customer has full control over the upload, deletion, sharing and other processing of personal data. Customer is responsible for the legality, reliability, integrity, accuracy and quality of the personal data inserted for the use of the Services.

10. 3. Customer acts as controller of the personal data, during the use of the Products and Services mentioned in these PST and Mintra acts as data processor of such personal data.

10. 4. E-Learning Training: The information collected will be used for the purposes of internal record keeping, general e-learning course administration, to collate and analyse results, to obtain feedback from users and to produce reports for the subscribing licensee organisation

10. 5. Classroom Training and Virtual Classroom Training: As a result of the nature of these Products and Services, Mintra participation in processing personal data is limited to hosting Virtual Classroom Sessions initiated by the Customer. 

11. TERM AND TERMINATION

11. 1. Unless otherwise stated in the Product Data Sheet or the Course description, or unless otherwise agreed between the Parties in writing, the applicable provisions of the GTC under sections titled “Term” and “Termination” shall apply.

11. 2. In addition to the applicable provisions of the GTC under the section titled “Termination”, and with reference to sub-section 5.3.3.3 of these PST, Mintra reserves the right to terminate the Agreement where a significant number of End-Users repeatedly and without reasonable ground are marked as “No-Show” in the agreed Classroom Training, Virtual Classroom Training and Blended Training.