Nutzungsbedingungen, Datenschutz & Haftung
Effective date: 14 September 2015
These general terms and conditions (hereafter the “T&Cs”) govern the services made available on the website (academy.wepowder.com, hereafter the “Website”). The Website is edited and operated by WePowder, a Dutch company whose registered office is Willem Buytewechstraat 45, 3024 BK Rotterdam (hereafter “WePowder”). E-mail address: email@example.com Phone number: +31 10 223 0964 Publishing Director: wepowder BV The Website is hosted by WePowder, a Dutch company whose registered office is Willem Buytewechstraat 45, 3024 BK Rotterdam. The users of the Website shall be referred to hereinafter individually as the “User”. Access and use of the Website entails the express and full acceptance of these T&Cs by the User. These “T&Cs” may be amended at any time. In such case, the access and use of the Website after the date of the amendment shall entail express and full acceptance of the “T&Cs” as amended.
- 1. The User may access and use the Academy e-learning modules (hereafter the “Online Courses”) on the conditions set forth herein.
- 2. The Online Courses are a comprehensive online course to develop essential snow and mountain safety skills, helping to stay safe in the backcountry. It is composed of the following courses: -Course 1 providing basic knowledge for skiers and snowboarders who want to ride off piste or in the backcountry (hereafter “Course 1”); -Course 2 providing advanced knowledge for skiers and snowboarders who want to ride off piste or in the backcountry (hereafter “Course 2”).
- 3. Each Online Course (i.e. Course 1 or Course 2) is made of at least 6 (six) chapters. These chapters contain videos, texts and tests allowing the User to check its progress and knowledge.
- 4. There are two possibilities in order for the User to access and use the Online Courses:
- 1. Purchase: The User can purchase access to Course 1 or Course 2 (or both) via the Website, within the conditions set forth in section 4.
- 2. Voucher: The User can access Course 1 or Course 2 by entering the code of any eligible voucher he/she may have (hereafter the “Voucher”). The products allowing the User to obtain a Voucher are identified on the Website. The User can only access the Online Course(s) that is made available by its Voucher (for example: Course 1). If the User wants to access and use another Online Course (for example: Course 2), the User will have to purchase it in the conditions set forth in section 4.
2) Access and use of the Online Course
- 1. In order to access the Online Courses the User must (i) be a consumer – not a trading individual, (ii) be at least eighteen (18) years old (iii) create a personal account as described hereunder.
- 2. The account is created by the User by filing out the online form provided to such effect on which the User has to enter his/her contact details and choose a personal ID (hereafter the “ID”). The User is liable for the accuracy of the data thus communicated to WePowder and can amend it at any time in the conditions described in section 8.
- 3. Once the account is created, the User will receive an account confirmation email. The User can then use his/her ID to access the Online Courses. The User acknowledges that he/she is liable for the use of the Website and of the Online Courses made via its ID.
- 4. Once registered, the User can access the Online Courses at any time, via the Website and as long as the Website is available, for a minimal period of 2 years. It is specified that the User can access all chapters of the relevant Online Course and read the content of each chapter as many times as he/she wants.
3) Minimum set-up
- 1. In order to access the Website and use the Online Courses, the User needs (i) an internet connection that is reliable and fast enough (ii) and an equipment necessary to connect (computer, smartphone, tablets etc.). The costs related to internet connection and equipment are borne exclusively by the User.
- 2. The following minimal technical requirements are to be met by the User in order to access the Website and use the Online Courses:
- - Internet Explorer 9 or higher,
- - Chrome 30 or higher,
- - Firefox 30 or higher, or
- - Safari 7 or higher.
4) Purchase of Online Course
- 1. The price and essential characteristics of the Online Courses are displayed on the Website.
- 2. The User can access the Online Course(s) after (i) having created an account as specified in section 2, (ii) confirmed the summary of the purchase indicating in particular the essential characteristics and the price of the Online Course(s), (iii) accepted these T&Cs, (iv) pressed the “payment” button and (v) paid the price of the relevant Online Course(s) by debit card, credit card (Visa, MasterCard) or by PayPal. The amount paid will be automatically debited. It is specified that the amount paid by the User is a one-time fee and not a subscription.
- 3. Cancellation right:
- 1. The User has the right to cancel his/her purchase within fourteen (14) days, from the date of purchase, without giving any reason, subject to the following conditions.
- 2. In order to exercise such right to cancellation, the User shall, within the above mentioned fourteen (14) days period, return the model cancellation form available on the Website, or make another declaration devoid of ambiguity to WePowder, by e-mail (firstname.lastname@example.org).
- 3. If the User cancels a purchase, WePowder shall reimburse to such User, without undue delay and not later than fourteen (14) days after the date on which the User informed WePowder of the decision to cancel the purchase, the price of the cancelled Online Course(s). WePowder shall make the reimbursement by using the same means of payment as the one used by the User for the initial transaction, unless expressly agreed otherwise by the User.
- 4. If the User purchases the Online Course(s) and does not waive his/her cancellation right in the conditions describe in section 4.3, the User will only be able to access such Online Course(s) at the expiration of the cancellation period.
5) Intellectual Property of WePowder
- 1. The User acknowledges that the Website and its content, which includes the Online Course, text, software, designs, graphics, logos, trademarks, photos, sounds, music, videos, applications, interactive features and all other content (hereafter the "Content") is protected under intellectual property rights and is owned by, or licensed to WePowder.
- 2. The User is only authorized to access and use the Website and its Content, including the Online Course, for its personal use.
- 3. The User is not authorized to download, copy, alter, modify, adapt, delete, distribute, transfer, broadcast, sell, license all or part of the Content, in any way whatsoever, without the prior explicit written agreement of WePowder.
6) Intellectual Property of the User
- 1. On the Website, the User has the possibility to publish specific contents, including comments about the Online Course (hereafter the “User Content”).
- 2. The User acknowledges that WePowder acts solely as simple intermediary for the distribution of User Content on the Website and under no circumstances shall it (i) be considered as the editor of such content, (ii) be held liable towards the User or any third party to the User Content or for its accuracy. In this respect, the User guarantees that the User Content provided by him/her does not violate any third party rights, including third party intellectual property rights. The User agrees to compensate WePowder for all costs, damage, loss and claims suffered by WePowder arising from the publication of any User Content.
- 3. To the extent any intellectual property rights would be applicable to the User Content, the User hereby accepts to grant WePowder a royalty-free, worldwide, non-exclusive licence to (and to sub-licence others to) use, reproduce, transmit, distribute to any third parties, all or part of the User Content, by any means and for any purpose.
- 1. WePowder undertakes to make its best efforts to keep the Website and the Online Course accessible 7 days a week, 24 hours a day. However, WePowder makes no commitment as to the permanent availability and accessibility of the Website and the Online Course and does not guarantee that the Website or Online Course is free of errors. Indeed, WePowder may find itself obligated to temporarily suspend the partial or total access to the Website, particularly for technical maintenance reasons, without this entailing any liability for WePowder.
- 2. It is also specified that the internet network and the IT and telecommunications systems are not free of errors and that interruptions and malfunctions may occur. WePowder does not provide any guarantee in this respect and cannot be held liable for any damage inherent in said uses of the internet network and IT and telecommunications systems.
- 3. The intent of the Online Courses is to give new insights to skiers and snowboarders who want to ride off piste or in the backcountry by making them more aware of the risks and opportunities the mountains have to offer. The information provided in the Online Courses are neither intended to be expert advice or a substitute for expert advice, nor is it a substitute for a ground course offered by qualified avalanche educational/certification centers. The Online Course should not be considered exhaustive and the User should recognize that backcountry activities carry inherent risks of serious injury or death. The User should complete a ground course from a qualified avalanche center before engaging in any backcountry activities. To the fullest extent permitted by applicable law, by using this Website the User voluntarily agrees to expressly assume all risks of injury or death that may result from his engagement in backcountry activities or use of the Online Course. To the fullest extent permitted by applicable law by using this Website the User agrees to release and hold harmless the Parties (as defined hereafter) from all liability for injury, death, property loss and damage which results from his engagement in backcountry activities or his use of the Online Course .
- 4. To the fullest extent permitted by applicable law, the Parties make no warranties with respect to the Online Course or its accuracy or veracity and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose.
- 1. WePowder collects and processes personal data concerning the User. All personal data relating to the User will be used at all times in accordance with applicable data protection law.
- 2. The data collected will be processed by WePowder for the following purposes:
- - providing the Online Course;
- - sending commercial literature by post and/or email;
- - answering to your questions.
- 3. Cookies
- 2. If the User visits the Website without changing his/her cookie settings, the cookies will be sent to the User’s device.
- 3. If the User wishes to restrict or block web browser cookies which are installed on his/her device, the User can set his/her browser as follows:
- Internet Explorer :
- « Tools » ;
- « Internet Options» ;
- « Privacy ».
- Chrome :
- « Settings » ;
- « Advanced settings » ;
- « Privacy » ;
- « Content settings » ;
- « Cookies ».
- Mozilla Firefox :
- « Tools » ;
- « Options » ;
- « Privacy ».
- Safari :
- « Safari » ;
- « Preferences » ;
- « Privacy ».
- 4. If the User disables the cookies, this may limit his/her use of the Website.
- 4.The User is entitled to access and correct his/her personal data that is held by WePowder. The User may exercise these rights by emailing the following address: email@example.com.
- 5. If the User has consented to it, WePowder may transfer his/her personal data to the Amer Sports group and any affiliate of such group for marketing purposes.
9) Miscellaneous provisions
- 1. WePowder may subcontract part of its obligations set out in these T&Cs.
- 2. WePowder may assign or otherwise transfer these T&Cs as well as all its rights and obligations under them, to any third party, without the User’s prior written consent. The User may not assign, sub-license or otherwise transfer any of their rights or obligations under these T&Cs.
- 3. Should any of the provisions in these T&C’s be considered void or invalid and declared such pursuant to any law, regulation or following a final decision of a competent court, all other provisions in these T&Cs shall remain unaffected and continue in force.
- 4. If the User breaches these T&Cs and WePowder chooses to ignore such breach, WePowder will still be entitled to use its rights and remedies at a later date or in any other situation where the User breaches the T&Cs again.
- 5. These T&Cs are governed by Dutch law. In the event of dispute, the User and WePowder shall attempt to resolve the dispute by mediation or any other amicable solution. If the User and WePowder are unable to do so, the dispute shall be subject to the non-exclusive jurisdiction of the courts of the Netherlands. Nothing in this paragraph shall deprive the User of the right to bring or defend proceedings in his/her home state nor of the protection afforded to the User by the mandatory rules of law of the country in which he/she lives.