Download Terms and Conditions for Online Services

General Terms and Conditions
For Training360 online (e-learning) services
Valid from 30 November 2021

1. General definitions and information

1.1. III. floor; Tax No.: 23150041-2-43, hereinafter referred to as "Training360") provides access to learning materials and related services in various media formats through the website www.training360.com, the website e-learning.training360.com/ or other websites or applications designated by Training360 (hereinafter referred to as the "Website"), including the learning materials and related services available on the Website at any time free of charge and for a fee (hereinafter referred to as the "Service").

1.2 These Terms and Conditions (the "TOS") govern the contract (the "Contract") between Training360 and you, as a natural person (the "User"), for the provision of the Service. Only natural persons over the age of 18 may enter into a Contract with Training360.

By entering into the Contract, the User declares that he/she has previously read, accepts and is bound by Training360's Privacy and Data Protection Notice and the General Course and Guarantee Terms and Conditions and these General Terms and Conditions/User Agreement.

Training360 may make periodic promotions available at unspecified intervals on specific terms and conditions other than those set forth in the T&Cs (the "Specific Terms"). In the event of any conflict between the T&Cs, the Privacy Policy, the General Course and Guarantee Terms and the Specific Terms, the Specific Terms shall prevail.

1.3 Training360 shall have the right to refuse to enter into a Contract or to terminate the Contract with the User with immediate effect if the User has previously breached the provisions of the GTC. Training360 may, instead of refusing to enter into a Contract with the User or terminating the existing Contract with immediate effect, require the User to comply with the User's contractual obligations.

1.4 Following the registration initiated by the User on the Website, Training360 will send a confirmation e-mail to the electronic contact details provided by the User, confirming the registration. The Agreement shall be deemed to be valid and effective between the Parties from the moment the User accepts the Agreement by clicking on the link/button sent in the registration confirmation email.

1.5 The Contract shall be concluded by the Parties in Hungarian and the Contract shall be governed by the laws of Hungary. The Contract (which shall be deemed to be an electronic contract) shall be stored by Training360 for the period specified in the legislation. The currently valid GTC, Data Policy, General Course and Warranty Conditions are available on the Training360 Website.

2.

2.1 Service Area

2.1.1.1 The Service is available primarily in Hungary (the "Service Territory"). Users who are already registered may also use the Service when they are temporarily located in the Member States of the European Economic Area (the "EEA"), in accordance with Regulation 2017/1128 of the European Parliament and of the Council on the cross-border portability of online content services in the internal market. EEA Member States include the current EU Member States plus Iceland, Norway and Liechtenstein.

Training360 reserves the right to verify at any time the IP address of the country to which the User is using the Service. If the User's IP address is in an unidentifiable country or in a country where the User is not contractually entitled to use the Service, Training360 reserves the right to temporarily limit the availability of the Service to the User.

2.2.

2.2.1 The Service contains learning content and related services in various media formats, as compiled by Training360 in its sole discretion. The User acquires the right to access certain content and services on the Website immediately upon registration and acceptance of the Agreement.

2.2.2 The Service and its contents may be changed, modified or updated at any time. Changes, modifications or updates to the content of the Service or changes to the appearance of the Website shall not constitute a modification to the Agreement or the Service, unless otherwise provided by applicable law.

2.2.3 Training360 shall be entitled to introduce different course materials, packages of course materials, services and different fees for the Service. In the case of different learning materials, learning packages and services, the User may, at his/her option, purchase any of the learning materials, learning packages or services that are publicly available to him/her or made available to him/her in the Individual Terms. The User may access the purchased learning materials, learning packages and services for the period of time specified on the website or as specified in the Specific Conditions.

2.2.4 Training360 continuously verifies the reliability, veracity and scientific substantiation of the facts contained in the published media content, but does not assume any responsibility for them. The User acknowledges that he/she accepts and follows the advice contained in the learning materials solely at his/her own risk, and therefore Training360 shall not be liable for any damages, whether pecuniary or non-pecuniary, arising from following the content available through the Service, in particular damages resulting from accidents or unsatisfactory health conditions, etc., in accordance with the provisions of the Civil Code. 6:152 of the Civil Code, and therefore shall not be liable to the contributor or any third party.

2.3.

2.3.1 The User may gain access to the selected course materials, packages or services of the Service, as specified in the Agreement, for a fee set out on the Website or in the Specific Terms. Training360 provides the possibility of extending the selected course materials, packages or services, subject to the differential fees set out on the Website and in the Specific Terms. The User acknowledges that the Service is an indivisible service.

2.3.2 Training360 may, at its sole discretion, decide to offer the Service free of charge for a limited period of time to Users of its choice on specified terms and conditions for a specified period of time (the "Trial Period"). Training360 will not charge any fees during the Trial Period.

2.3.3 Training360 may, at its sole discretion, offer discounts of a specified type and level to Users on the Website, subject to Specific Terms and Conditions. Training360 may, at its individual discretion, link the availability of discounts to specific conditions, timeframes and Users.

3. Use of the Service

3.1 In order to use the Service, the User must create a user account on the Website (see paragraph 4 for details), have the tools, systems and connections set out in these TOS (see paragraph 5 for details) and pay the fees set out on the Website (see paragraph 6 for details) to use certain parts of the Service. In addition, the User must comply with certain technical security measures designed to prevent unauthorised use of the Service.

4. Registration, username and password

4.1 User account registration can only be initiated from the Service Area via the Website.

4.2 The User warrants that the information provided during registration is correct and truthful and shall update his/her User Account with the relevant information, if necessary. The User is obliged to review the information provided during registration and to verify its completeness and accuracy.

4.3 The User is obliged to provide the following data during the registration process: surname, first name, email address, password (hereinafter referred to as "Login Data"). The User's Login Data are confidential and may not be used by third parties. The User shall store the Login Data in a manner that protects it from unauthorized access. The User is responsible for all use of the Service that is made through the User's account.

4.4 If the User suspects any unauthorized use of the Login Credentials, the User shall notify Training360 as soon as possible and immediately change the User's password. If Training360 has reasonable grounds to believe that the Login Credentials have been disclosed or otherwise misused by unauthorised persons, Training360 shall be entitled to terminate the Agreement immediately pursuant to clause 12.4 (c).

5.

5.1 In order to use the Service, the User must have software, Internet connection and equipment that meet the technical requirements specified at any given time.

5.2 The specifications of the current system requirements are available on the Website. However, compliance with the above system requirements does not guarantee that the User will be able to use the Service without restriction if circumstances arise which are beyond the control of Training360 which prevent this. The User may be required to install third party software in order to use the Service. Training360 will provide information on the Website about which third party software is required to be used. Training360 is not responsible for third party software or any updates thereto. Training360 is not liable for any damages caused by any third party software or solutions.

5.3 A prerequisite of the Service is that the User has an appropriate internet connection. The User is responsible for all costs associated with the Internet connection, including data traffic charges, regardless of where in the Territory (see 2.1 above) the User uses the Service.

5.4 Only the types of devices currently listed on the Website may be used and registered for the Service. Training360 may determine from time to time which devices (browsers, operating systems, etc.) are deemed to be approved based on the current state of the art and standards. Training360 does not provide its own devices and assumes no responsibility for the performance of any approved device or that it will be continuously compatible with the Service and its updates.

5.5 To the extent permitted by law, Training360 excludes liability for the User's inability to use or limited use of the Service due to internet congestion or failures of computers or other devices, networks, electronics or communications or other third party service providers that are beyond Training360's control.

6. Fees and Payment

6.1 Fees for the use of certain parts of the Service are payable in accordance with the then current tariff published on the Website or as agreed individually with Training360. The User expressly confirms that he/she is aware that the ordering of certain parts of the Service is subject to the payment of fees.

6.2 The User may pay the fee for each part of the Service by any means offered by Training360 on the Website. When making the payment, the User may only provide details of credit cards or accounts that are the property of the User. The User expressly acknowledges that certain parts of the Service may only be used if the fee specified on the Website or in the Specific Conditions is paid.

7. Prohibited Uses

7.1 The User may use the Service only for the User's personal use and in accordance with the TOS, the Individual Agreement and other applicable Training360 policies. The User may not do any of the following, nor may the User encourage, assist or request any other person to do any of the following:

1. Use the Service for any commercial or public purpose;
2. Use the Service for any commercial or commercially commercial or commercially exploitable purpose;
3. copy/copy, lend, sell, broker, or otherwise distribute, edit, or in any other way transmit or adapt the content of the Service for consideration or free of charge;
4. circumvent, modify, remove, alter or otherwise tamper with, or attempt to circumvent, alter, remove, alter or otherwise tamper with any security, encryption or other technology or software that is part of the Service; or
5. otherwise use the Service in violation of copyright laws, other laws or these TOS or other applicable policies, or the Agreement.

7.2 The Service may only be used within the Service Area and in accordance with clause 2.1 of these TOS. The User shall not use or attempt to use the Service outside the Service Area or encourage, assist or solicit any third party to do so.

7.3 Any use of the Service in breach of this clause 7 shall at all times constitute a serious breach of the Agreement and Training360 shall be entitled to terminate the Service with immediate effect (see also clause 12).

8.

8.1 Minors may not use the Service without parental supervision and consent. Parents who allow their children to use the Service are solely responsible for whether or not the content of the Service is appropriate for the minor.

9. Changes and modifications

9.1 The User hereby expressly agrees and acknowledges that Training360 shall have the right to modify the fees and other provisions of these TOS. Training360 shall notify the User of such amendment no later than thirty (30) days prior to the effective date of the proposed amendment through the Website. In connection with the amendment, if the User does not accept the terms and conditions contained therein, the User shall be entitled to terminate the Agreement no later than the effective date of the amendment. If the User does not terminate the Contract before the effective date of the amendment and continues to use the Service, the User shall be deemed to have accepted the amendment and it shall become part of the Contract as of the effective date between Training360 and the User.

9.2 The User hereby expressly accepts and acknowledges that Training360 shall be entitled to make material changes to the content of the Service. Training360 shall notify the User of such modification no later than thirty (30) days prior to the effective date of the proposed modification through the Website. In connection with such material modification, the User shall be entitled to terminate the Agreement as of the effective date of such modification. If the User does not terminate the Agreement before the effective date of the amendment and continues to use the Service, the User shall be deemed to have accepted the amendment.

9.3 For the purposes of Clause 9.2, a modification to the Content shall be deemed to be material if the content of the Service is substantially reduced in volume or the general orientation of the content is substantially changed. A material modification is only a modification that results in a significant reduction in the number of course materials or videos available on the Service or a change in the content or composition of the course materials. A substantial reduction shall be deemed to be a change to the content if there is a reduction of 50% or more of the total teaching material included in the total content of the Service.

9.4 Information regarding the changes described above shall be communicated to the User in accordance with Clause 11 below.

10. Loss of right of withdrawal

10.1 By accepting these GTC, the User declares, in accordance with Article 19 of Government Decree No. 45/2014 (26.II.) on the detailed rules of contracts between consumers and businesses (hereinafter referred to as the "Regulation"), that, in accordance with his/her clear request, he/she asks Training360 to start the performance of the Contract for the provision of the Service before the expiry of the deadline set out in Article 20 (2) of the Regulation, i.e. 14 days from the date of conclusion of the Contract.

10.2 By accepting the present GTC, the User expressly declares that he acknowledges that, in accordance with Article 29(1)(m) of the Regulation, he may not exercise his right of withdrawal and termination under Article 20 of the Regulation after the commencement of the performance of the Service in respect of the digital content of the Service as provided on a non-tangible medium.

11. Information to Customers

11.1 Training360 may notify the User by email or by publication on the Website in accordance with the applicable legislation.

11.2 The User shall update his contact details if they change during the use of the Service. Training360 shall be deemed to have fulfilled its obligation to inform the User if it has sent the notifications to the User's last email address, regardless of whether the User no longer uses that address or it is otherwise unavailable. Training360 is not obliged to attempt to notify the User by any means other than the email address provided.

12. Duration and termination of the Contract

12.1 The Contract for access to the Service learning materials, learning packages and other services is entered into for the period set out in the Specific Terms and Conditions for the Service or on the Website. In the event of cancellation, the fee paid will not be refunded.

12.2 If the User wishes to terminate the Contract, the User must notify Training360 by email, registered post, recorded delivery or, if Training360 provides such an alternative, via the Website (contact details here: www.training360.com/kapcsolat). If the User cancels the Fee-based Service made available to the User, Training360 will send the User a confirmation email of termination of the Agreement. If Training360 wishes to terminate the Contract, Training360 will notify the User by email or by registered post with recorded delivery.

12.3 In the event of a change to the Fees or the GTC, the right of termination may be exercised in accordance with the provisions of Clause 9.

12.4 Training360 may terminate the Agreement with immediate effect and at the same time make the Service immediately unavailable to the User, including in the following cases:

1. there are reasonable grounds to believe that the User has become insolvent; or
2. there are reasonable grounds for believing that the User has used the Service on more than the permitted number of devices; or
3. there are reasonable grounds to suspect that the User has made, attempted to make or participated in a prohibited use as defined in clause 7.1(a) to (e) of these GTC; or
4. abuses the User's rights; or
5. the User has otherwise seriously or repeatedly breached the Agreement, the TOS or other rules governing the relationship between the User and Training360.

13. Intellectual Property Rights

13.1 Pursuant to Article 1(1) of Act LXXVI of 1999 on Copyright (hereinafter referred to as "Copyright Act"), the Website and its entire content is a copyright work and therefore all parts thereof are protected by copyright. The entire content of the Website is protected by copyright. Pursuant to Article 16 (1) of the Copyright Act, the unauthorised use of the graphic and software solutions and computer program creations on the Website, as well as the use of any application that may be used to modify the Website or any part thereof, is prohibited. Any material may be reproduced from the Website and its database only with the prior written consent of the copyright holder and with reference to the Website and acknowledgement of the source. Training360 is the exclusive owner of the rights in the Website and its content.

13.2 Training360 grants to the User a non-exclusive, non-transferable and exclusive right to view and use the content of the Service for a limited period of time and to the extent set out in the Agreement. The User may use the Service and its content solely in accordance with the Agreement and for his/her own personal and sole use. The User expressly acknowledges that he/she may not use the Service together with any other person, nor may he/she disclose the content of the Service to the public, transmit it to third parties or make it available to third parties. The use of the Service is for private purposes only, and any commercial use requires the prior written consent of Training360. The only exception to this condition is where a parent provides access to a user account created by him/her for his/her own child.

13.3 The materials on the Website and the content of the Service (including, but not limited to, the content made available in any format) are subject to copyright, trademark and other intellectual property laws. Nothing in the Agreement with Training360 shall confer on the User any ownership or any other intellectual property rights in the content of the Service or in the Service.

13.4 Reproduction, copying, distribution (including by email or other electronic means), publication, modification, transmission of any content of the Website is prohibited unless the User has prior written permission from the person authorised to represent Training360. In particular, all or any part of the text, images, graphics, logos, logos, logos, photographs, audio and video material or still images thereof contained on the Website are subject to this prohibition. Any breach of any part of Clause 13 shall be considered a serious breach of the Agreement and the User shall be liable to pay damages in accordance with Clause 16.

14. Security

14.1 The User shall not act in any way that interferes with, overburdens, damages, impairs or in any other way adversely affects the operation of the Service or the Website. In addition, the User shall not interfere with the use of the Service by other users.

14.2 The User shall not attempt to access networks, computer systems, content or information connected to the Website or the Service without permission. Any breach of the above provision shall in all cases be considered a serious breach of the Agreement which may, among other things, lead to the immediate termination of the Agreement (see also Section 12).

15. Limitation of liability, breakdowns and outages

15.1 You must report any malfunction, outage or other failure of the Service to Training360(www.training360.com/kapcsolat) as soon as possible. Training360 excludes liability to the fullest extent permitted by law for failures of the Service which are beyond Training360's control, including but not limited to the events set out in clause 5.5 above or other failures which occur because the User is using an unapproved or unsupported device or which are attributable to the User. Force Majeure is a cause beyond the control of Training360. Power outages and Internet service outages and any cause beyond the control of Training360 shall be deemed to be a cause beyond the control of Training360.

15.2 In the event of breakdowns, outages or other failures which cause the Service to be unusable and for which Training360 is responsible under clause 15.1, Users who so request shall be entitled to reasonable compensation in accordance with applicable law, but not exceeding the amount of the charge for the service they have used, and Training360 excludes liability for any damages in excess thereof. No compensation shall be payable to Users during periods of Service outages which are necessary for the maintenance of the Service.

16. Liability for damages

16.1 The User agrees to indemnify Training360, its affiliates, employees, directors and contractual partners for any damages arising out of or in connection with the User's breach of the Agreement, the GTC, other applicable regulations or the User's violation of applicable laws or the User's violation of the rights of any third party.

17.

17.1 Training360 may assign its rights and obligations under the Agreement to any Training360 affiliate or to any third party that can reasonably be expected to perform its obligations under the Agreement to the satisfaction of Training360 without the prior consent of the User. Training360 may assign its rights under the Contract to any third party. The User hereby consents to the assignment of the claims and the Contract by accepting these GTC.

17.2 The User may assign its rights and obligations under the Contract with the prior consent of Training360.

18. Links on the Website

18.1 The Website may contain links to websites operated by third parties. Training360 has no control over and accepts no responsibility for such links or the content of the websites concerned. The User acknowledges that some of Training360's Services are available exclusively through third party websites. The User is entitled to visit such websites at his/her own risk. When using websites operated by third parties, the terms and conditions and privacy policy applicable to such website shall apply accordingly.

19.

19.1 Training360's failure to require performance of any right granted in the Agreement or to act against the User for breach of the Agreement shall not be deemed to be an endorsement of that breach or any future similar breach and shall in no way affect Training360's rights under the Agreement and any subsequent remedies it may have against the User under any law or these TOS and the applicable Agreements.

20. Complaints and disputes

20.1 If the User is dissatisfied with the Service for any reason, the User may contact Training360(www.training360.com/kapcsolat) using the contact details provided in clause 21 or, if available on the Website, the other contact details.

20.2 The User and Training360 shall attempt to settle all disputes arising out of the Contract, in the first instance amicably. If the parties are unable to reach an agreement, the dispute shall be settled exclusively by the Hungarian courts having general jurisdiction in accordance with the general rules of jurisdiction under Act CXXX of 2016 on Civil Procedure (Polgári Perrendtartásról szóló 2016. évi CXXX. törvény. évi CXXX.).

20.3 The Contract shall be governed by Hungarian law.

20.4 Unless otherwise provided for in a directly applicable legal act of the European Union, Training360 shall respond in writing to the merits of a written complaint within 30 (i.e. thirty) days of its receipt and shall arrange for its communication. A shorter time limit may be set by law, or a longer time limit may be set by statute. Training360 must state the reasons for its rejection of the complaint. If the complaint is rejected, Training360 shall inform the User of the authority or conciliation body to which the complaint may be submitted, depending on its nature.

20.5.

21.

Training360 can be contacted at the following address:

Training360 Ltd.
Address for correspondence: 1117, Budapest, Budafoki út 56.
Email address: info@training360.com
Phone number: (+36 1) 880-0040