Latest Update: 01/01/2023
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 www.mintra.com/legal.
1. 2. The following Product Specific Terms on the offering of Trainingportal for use by the Customer (hereinafter referred to as “PST: Trainingportal” 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 purchase and use of the Applications, Courses, and other related Products and Services, 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 . 1. For the purposes of these PST the following terms shall have the following meaning:
Has the meaning defined in sub-section 1.2
Refers to Mintra’s applications used for the purchase, delivery and use of the Products and Services by the Customer and End-User.
Has the meaning defined in the Glossary of Legal Terms.
“Delivery Formats and Methods”:
Has the meaning defined in the Glossary of Legal Terms.
Has the meaning defined in section 5.
“Products and Services”:
Refers to Trainingportal and the functionality provided in section 4.
Has the meaning defined in section 4.2.3.
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.
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.
Refers to Mintra’s web-based marketplace and learning management platform offering an extensive library of practical training, courses, and qualifications, developed by Mintra or third-party course providers, to its Customers as well as functionality for the efficient administration and undertaking thereof, as further detailed in the document Trainingportal: Functionality and Service Level.
“Trainingportal: Functionality and Service Level”:
Refers to the Service Level Agreement of Trainingportal, located at www.mintra.com/legal
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 Trainingportal platform and related functionality offered to Customer as herein described. Purchase and delivery of Courses is regulated in PST: Learning.
4. 2. Trainingportal Access and Main Functionality:
4. 3. Booking of Courses:
4. 4. Customer's Own Courses:
5. 1. Trainingportal License:
5. 2. Course Licenses:
5. 3. Third-Party Services Licenses:
6. FEES AND PAYMENT
6. 1. Unless otherwise stated in these PST or otherwise agreed in a separate agreement in writing between the Parties:
7. WARRANTIES AND OBLIGATIONS
7. 1. General:
8. INTELLECTUAL PROPERTY RIGHTS:
8. 1. Mintra owns all Intellectual Property Rights in Trainingportal. The following provisions of this Section shall be read in addition to the provisions of the GTC under the section titled “Intellectual Property Rights”.
8. 2. Customer acknowledges that all intellectual property rights in Trainingportal throughout the world belong to us, that rights in Trainingportal are licensed (not sold) to you, and that you have no intellectual property rights in, or to, Trainingportal other than the right to use Trainingportal in accordance with the terms of this Agreement.
8. 3. You acknowledge that you have no right to have access Trainingportal in source code form other than as expressly provided in this License.
9. DATA PROTECTION
9. 1. Customer Admin and End-User personal data are transferred to and registered in Trainingportal. Trainingportal is operated on a third party’s server, and Customer acknowledges and accepts that Customer Admin and End-User personal are transferred to and processed in the third party's system in the same way and on the same terms and conditions as are set out in this Agreement.
9. 2. Customer is responsible to ensure that Customer Admins and End-Users are registered in Trainingportal by Customer, are informed about and have given their consent for the processing of their Personal Data by Mintra as specified in this Agreement. Mintra will only process personal data as specified in this Agreement and to the extent it is reasonable and necessary to perform Mintra 's obligations pursuant to this Agreement.
9. 3. Mintra has the right to use information for the purpose of compiling reports in accordance with this Agreement. Furthermore, Mintra has the right to use information to coordinate and prepare offers regarding Products and Services which may be of interest to the Customer and the relevant End-Users based on usage reports generated in Trainingportal.
10. TERM AND TERMINATION
10. 1. Unless otherwise stated in these PST or 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.
10. 2. Unless otherwise agreed between the Parties in writing termination of the Agreement for the use of Trainingportal can be effected with a minimum of six (6) months’ written notice.