PRODUCT SPECIFIC TERMS

FOR

TRAININGPORTAL

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 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. 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 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. 2. 1. Customer Admins to whom Customer has given, or requested from Mintra to be given, administrator rights, can register personnel to Courses by logging on to Trainingportal with their own username and password.
• 4. 2. 2. Trainingportal offers the functionality of registering End-Users to Courses for delivery through the selected Delivery Formats and Methods.
• 4. 2. 3. Successfully completed E-Learning Training is automatically logged. Successfully completed Classroom Training require the input of the Training Provider who also has access to the Trainingportal.
• 4. 2. 4. Trainingportal offers an overview of successfully completed courses and enables Customer Admins to issue Certificates.
• 4. 2. 5. Trainingportal offers status reports for End-Users registered to Courses including, without limitation, registered End-Users and the status of the Courses they have been registered to (i.e. completed, progress, etc).
• 4. 2. 6. Trainingportal offers Customers with the functionality of generating own e-learning content, uploading and providing own courses to Customer's personnel and administering their employees' qualifications. A more detailed outline of the service levels is set out in Trainingportal: Functionality and Service Level.

4. 3. Booking of Courses:

• 4. 3. 1. Customer's booking of Courses is managed by Customer Admins through Trainingportal. Customer has the obligation to ensure that employees or contractors of Customer with Customer Admin rights have the right to book courses and individual course registrations on behalf of Customer. Customer is solely responsible for Customer Admins' actions in Trainingportal and that such actions do not infringe Customer's, Customer's personnel's or any third parties' rights or interests, including those of Mintra.
• 4. 3. 2. Booking of Courses is registered in Trainingportal. Upon receipt of a booking for Classroom Training, Trainingportal will contact the relevant Training Provider and communicate the booking information. The Training Provider will have access to an overview, in Trainingportal, of the number of participants registered to the specific course.

4. 4. Customer's Own Courses:

• 4. 4. 1. Customer is solely responsible for courses which are uploaded to or developed in Trainingportal by Customer itself and thereafter offered to Customer's personnel. Hence, Mintra has no responsibility towards Customer or Customer's personnel in connection with the provision of such courses. Customer shall however pay operating/license price for the provision of such courses as further agreed by the Parties in writing.
• 4. 4. 2. If the Parties wish to make available in Trainingportal any of Customer's e-learning courses to other customers of Mintra, a separate agreement shall be entered into between the Parties.

5. LICENSE

5. 1. Trainingportal License:

• 5. 1. 1. Unless and to the extent otherwise stated in these PST or agreed separately by the Parties in writing, Mintra grants Customer a license to use the Products and Services in accordance with the relevant provisions of the GTC under the section titled “License”.
• 5. 1. 2. Mintra grants Customer a non-exclusive, non-transferable, non-sublicensable, temporary and revocable license to use the Products and Services for a period of thirty (30) days from acceptance of this Agreement until termination thereof.
• 5. 1. 3. Customer may install and use the Software for its own purpose only:
  • 5. 1. 3. 1.  on one central processing unit (CPU) if the license is a single-user license or the Software is for single use; or
  • 5. 1. 3. 2. if the license is a multi-user or network license, for the number of concurrent users agreed between the Parties in writing.

5. 2. Course Licenses:

• 5. 2. 1. The granting of a license by Mintra for Customer’s use the Courses, including Mintra Courses, Customer Courses, and Third-Party Courses, is regulated in accordance with the provisions of PST: Learning.

5. 3. Third-Party Services Licenses:

• 5. 3. 1. Mintra holds all relevant licenses to the Third-Party Services required to offer the relevant Products and Services to Customer and/or End-User.
• 5. 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.

6. FEES AND PAYMENT

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

• 6. 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.
• 6. 1. 2. Trainingportal invoices Customer for booked Courses in accordance with the provisions of PST: Learning.
• 6. 1. 3. The Payment Terms, as specified in the GTC under the provision titled “Fees and Payment”, shall apply.

7. WARRANTIES AND OBLIGATIONS

7. 1. General:

• 7. 1. 1. Mintra shall offer Trainingportal to Customer's with the functionality and service description as specified in Trainingportal: Functionality and Service Level and as agreed by the Parties in writing.
• 7. 1. 2. Support and other consulting services shall be of skilled professional quality according to general business sector standards.

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.

9. 4. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

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.