Terms and Conditions for RTS Academy Learning Platform
These terms and conditions outline the legal agreement for the usage of the Platform and/or Software Services furnished by Retail IT Solutions, also trading as RTS Business Solutions, CVR: DK41314648, to RTS Academy and its End Users. Retail IT Solutions will grant RTS Academy and its End Users remote access to LearnPress Software, a robust platform dedicated to learning management systems. This access allows End Users to engage with specialized learning materials provided by RTS Academy on the Platform. By initiating access to the Software Services, you, as the End User, explicitly agree to adhere to these terms and conditions outlined herein. If you disagree with any part of these terms, you must discontinue using the Software Services. Continuing usage confirms your acceptance and commitment to abide by these terms and conditions.
DEFINITIONS
- “Terms and Conditions” refer to the guidelines and rules set forth by RTS Academy governing the relationship with its End Users who access the Software Services provided by the Platform Developer, Retail IT Solutions.
- “Software Services” denote the software and services provided by the Platform Developer to the End Users of RTS Academy, specifically in the form of a Learning Management System (LMS). The LMS, hosted on an E-learning platform developed by Retail IT Solutions, allows RTS Academy to upload and manage educational material for its End Users.
- “Platform Developer” refers to Retail IT Solutions, also trading as RTS Business Solutions, a company registered under CVR: DK41314648, specializing in providing learning management systems and digital educational solutions.
- “RTS Academy” is the educational branch of Retail IT Solutions, tasked with developing and providing specialized training and development programs.
- “End User” encompasses any individual or organization granted access by RTS Academy to utilize the Software Services and/or Training Material for educational and training purposes. This may include partners of RTS Academy or their employees.
- “Trainee” refers to any individual authorized by RTS Academy to access the Software Services and Training Material for the purpose of receiving training.
- “Training Material” includes all types of educational documents, software, and resources provided by RTS Academy within its training programs to enhance the learning experience.
- “Privacy Policy” outlines the principles and procedures regarding the handling of personal information by RTS Academy, detailed in Article 4.4 of these Terms and Conditions and available on the RTS Academy website.
USAGE RIGHTS AND LIMITATIONS
- The Software Services include access to the LearnPress platform. This platform ensures smooth implementation and ongoing successful use of the LearnPress LMS. Guided by a designated Solution Deployment Manager, the pack includes administrator training via pre-recorded videos and access to KnowledgeBase articles. The Solution Deployment Manager will provide instructions on accessing training and answer questions during weekly touchpoints.
- The Training Material includes, but is not limited to, an E-learning platform where RTS Academy can host videos, presentations, PDFs, text documents, purchased training content, and courses led by RTS Academy instructors, either in person or online through webinars, focusing on educating the End Users.
- The Software Services may be used only by the assigned End User. The assigned End User is the trainee authorized by RTS Academy to use the Software Services for training purposes. The End User must not permit others to use the Software Services without RTS Academy’s explicit consent and shall not:
- Defame, abuse, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as privacy, publicity, and intellectual property) of RTS Academy and the Platform Developer, or interfere with another party’s use of the Services.
- Publish, upload, distribute, or disseminate any harmful, infringing, fraudulent, tortious, or unlawful material or information, including unsolicited commercial communications.
- Misrepresent or falsely identify themselves in any way.
- Transmit or upload any material containing viruses, trojan horses, worms, time bombs, cancelbots, or any other programs intended to cause damage, destruction, disruption, or impairment of the Software Services, or any other person’s or entity’s network, computer system, or equipment.
- Interfere with or disrupt the Software Service networks or servers connected to RTS Academy or the Platform Developer, or violate the regulations, policies, or procedures of such networks or servers, including unlawful or unauthorized alteration of any information submitted through the Software Services.
- Attempt to gain unauthorized access to the Software Services, other End Users’ accounts, computer systems, or networks connected to the Services by any means.
- Copy, modify, or create derivative works or improvements of the Training Material or the Software.
- Reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to the source code of the Software or any other software of RTS Academy and the Platform Developer, in whole or in part.
- Bypass or breach any security device or protection used by the Services or Software other than through the use of valid access credentials.
- Remove, delete, alter, or obscure any trademarks, documentation, warranties, disclaimers, or any copyright, trademark, patent, or other intellectual property rights notices from any services or the software provided by RTS Academy or the Platform Developer.
- Access or use the Software Services or Training Material for the development, provision, or use of a competing software service or product.
- Sell, resell, assign, pledge, transfer, license, sublicense, distribute, rent, or lease the Software Services or the Training Material.
- Upon RTS Academy’s acceptance of the End User’s use of the Software Services and its Training Material, the End User has the right to use the Software Services as described in these Terms and Conditions for training purposes only. The End User may use the software only as expressly permitted in these terms and conditions, complying with any technical limitations in the Software that restrict its use to specific ways.
- The End User shall not, unless otherwise agreed in writing:
- Copy, adapt, or reverse compile the whole or any part of the Software or Training Material.
- Assign, transfer, sell, lease, rent, charge, or otherwise deal in the Software and Training Material or use it on behalf of any third party or make it available to any third party.
- Remove or alter any copyright or other proprietary notices in the Software or Training Material.
- Receive or be entitled to the programming source code or compiled code in the Software or Training Material.
- If the End User commits any breach of these terms and conditions, RTS Academy, in addition to any other rights and remedies at law, shall be entitled to terminate the training program for the End User.
INTELLECTUAL PROPERTY RIGHTS
- Intellectual Property Rights: All existing intellectual property rights, including copyrights and industrial rights in the Software Services, are the exclusive property of the Platform Developer, Retail IT Solutions. All rights to the Training Material are exclusively owned by RTS Academy. This Agreement does not transfer any such rights to the End User in any respect.
- Infringement: The End User shall notify RTS Academy as soon as practicable after becoming aware of: (i) any actual, threatened, or suspected infringement of any intellectual property (including know-how) concerning the Software Services or the Training Material, any related material, or any breach of confidence relating to any of the foregoing; (ii) any claim brought against the End User alleging that their use of the Software Services, any related material, or any intellectual property or other rights belong to or are claimed by the claimant.
END USER DATA AND PRIVACY POLICY
- Use of End User Data: End User Data will be used solely to provide RTS Academy with information about the End User regarding training progress and performance. RTS Academy will not use End User data for any other purposes and is committed to keeping the data strictly confidential. This data includes, but is not limited to, personal identification information, training activity logs, and performance metrics.
- Compliance with Data Protection Laws: RTS Academy ensures compliance with all applicable data protection laws, data security laws, rules, and regulations in the jurisdictions where the Software Services and Training Material are provided. RTS Academy is dedicated to protecting the privacy and personal data of End Users in accordance with these laws and regulations. This includes adherence to the General Data Protection Regulation (GDPR) and any other relevant local data protection laws.
- Data Collection and Processing: When providing training services, RTS Academy will collect and process personal data about End Users in accordance with its Privacy Policy and applicable data protection laws. The collected data will be used to enhance the training experience, monitor progress, and provide necessary support to End Users. Data processing activities are carried out with the utmost care to ensure data integrity, confidentiality, and availability.
- Privacy Policy: RTS Academy respects the privacy concerns of End Users and adheres to its comprehensive Privacy Policy, which applies to all training programs. The Privacy Policy details how RTS Academy collects, uses, stores, and protects personal information. It includes information on data subjects’ rights, data retention periods, and contact information for privacy-related inquiries. End Users can review the Privacy Policy on the RTS Academy website: RTS Academy Privacy Policy.
PRODURES AND BEST PRATICES
- While using the Software Services, the End User will access confidential information and proprietary Training Material. The End User agrees to adhere to best practices, comply with these terms and conditions, and follow all applicable local laws and regulations. The End User must avoid any conduct that may result in suspension or termination of access to the Software Services by RTS Academy or the Platform Developer. This includes safeguarding confidential information, using the Training Material solely for authorized purposes, and refraining from actions that could harm the integrity or security of the Software Services.
- Best practices include maintaining confidentiality, using secure methods to store and transmit data, regularly updating passwords, and reporting any security breaches immediately to RTS Academy. The End User is also expected to participate in required training sessions provided by RTS Academy to ensure compliance.
- Furthermore, the End User should ensure that all activities conducted using the Software Services are legal, ethical, and in line with the intended use of the platform. Misuse or unauthorized use of the Software Services or Training Material may result in disciplinary action, including termination of access and possible legal consequences.
LIMITED WARRANTY AND LIABILITY – DISCLAIMER
- Warranty: RTS Academy confirms and warrants that it owns and controls all intellectual property rights and any other necessary rights to the Training Material and the Software Services required to perform and administer the training program. RTS Academy asserts that it has the legal right to provide these materials and services to End Users.
- Limited Warranty: The Training Material and the Software Services are provided “as is” with all faults, and to the fullest extent permitted by law. RTS Academy makes no other warranties or representations other than those explicitly described in these Terms and Conditions and accepts no other conditions concerning the Training Material or Software Services. RTS Academy does not provide any further representation, warranty, or undertaking regarding the effectiveness, performance, quality, merchantability, durability, or fitness for any particular purpose of the Training Material or Software Services, or any related material, documentation, or services. All materials and services are supplied by RTS Academy without any guarantee that they are free from defects or errors.
- Disclaimer of Liability: In no event shall RTS Academy be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or data use, incurred by the End User or any third party, whether in an action in contract or tort, arising from the access to, or use of, the Training Material or Software Services. RTS Academy’s total liability for any claim arising out of or relating to these Terms and Conditions shall not exceed the amount paid by the End User for access to the Software Services and Training Material. This limitation of liability is cumulative and not per incident.
DISPUTES AND GOVERNING LAW
Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in accordance with the laws of Denmark. Any disputes, controversies, or claims arising out of or relating to these Terms and Conditions, or the breach, termination, or invalidity thereof, shall be settled by Danish law and brought before the exclusive jurisdiction of the courts located in Copenhagen, Denmark.
MISCELLANEOUS
- Assignment: This Agreement is personal to the End User. The End User is not entitled to assign, mortgage, charge, or otherwise transfer or sub-license any rights or access under this Agreement, except with prior written approval from RTS Academy.
- Severability: If any provision of this Agreement is determined by a tribunal of competent jurisdiction to be illegal or unenforceable, it shall automatically be adjusted to the minimum extent necessary to conform to applicable law, and the remaining provisions shall continue in full force and effect.
- Validity: Each provision of this Agreement shall be interpreted to be effective and valid under applicable law whenever possible. If any provision is found to be prohibited or invalid, it shall only be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of the provision or the other provisions of this Agreement.
- Waiver: The failure by either party to enforce any term or condition at any time shall not be a waiver of that term or condition or of the right to enforce it at any time thereafter.