- These standard terms and conditions for the delivery of Online Learning Services (“Terms”) shall exclusively apply, save as varied by express agreement accepted in writing by both parties.
- Boon Education (“Boon Education”) offers Online Learning Services (“Services”) provided to users (“User”) through a local Boon Education center (“Center”) or directly. The Terms and conditions govern what Boon Education’s Online learning Services are and how they are delivered. Additionally, the Terms govern the privacy of the data submitted by the User to obtain the Services.
- For services booked and delivered at the Center, as the case may be, the general terms & conditions of the local Center apply in addition to the Terms and will be distributed to the “User” directly. In case of conflicting provisions between the Terms and the general terms&conditions of the local Center, the provision of the Terms shall take precedence, unless explicitly stated otherwise in the Terms.
1. Access to Services
1.1. Place of provision of Services
Use of the Services takes place exclusively online. The User has a free choice of location for learning. The local Center can combine the offer with additional local services.
1.2. Use of Services
To access the Services, the User must register and book following the instructions of the Center or as described on the Boon Education Website. Each User will be assigned a personal login and password which allows him/her to access the Services.
Using his/her personal login and password, the User can access the Services 24 hours a day, 7 days a week. Boon Education and its providers may need to interrupt the Services or part of the Services for maintenance work. The User accepts this temporary lack of access to the Services without any compensation whatever.
Boon Education cannot be held responsible in any way in the case of difficulty in accessing the Services if the User does not have the minimum technical requirements as described on the Boon Education Website at her/his disposal.
2. Confidentiality – protection of personal privacy
Boon Education complies with the European Union General Data Protection Regulation (officially Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural person with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) and the Swiss Federal Act on Data Protection which regulate the processing of personal data within the European Union and Switzerland.
Boon Education will make all reasonable efforts to ensure that the Services put at the disposal of the User meet technical standards and security norms. To safeguard the confidentiality of the User’s personally identifiable information, Boon Education and its partners utilize sophisticated security techniques and procedures, including: daily security and vulnerability scans, software audits, firewalls, and data encryption (Secure Socket Layers). Boon Education makes every effort to protect that data against loss and unauthorized access.
In general, Boon Education cannot be held responsible for any direct or indirect damage, accidents, compensation by way of sanction, secondary damage, particular damage or any other prejudice whatsoever, in particular damage incurred as a result of loss of use or data relating to the use of the Services, nor delays relating to the use of the internet site or the impossibility of using the internet site.
If a User ever discovers a fraudulent charge from Boon Education on his/her billing statement, please contact Boon Education (see contact details below in clause 21). The User must report such charge immediately to her/his credit card provider, in accordance with their standard procedures.
Despite these security procedures and practices, as is the case with all computer networks connected to the Internet, Boon Education cannot guarantee the security of the User’s personal information or any other information provided over the Internet and will not be responsible for breaches of security.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Boon Education cannot guarantee its absolute security.
3. Protection of Children’s Information
Boon Education is committed to protecting the privacy of children. This and all of Boon Education’s Websites are general audience sites and not designed or intended to attract children under the age of 18. Boon Education does not knowingly collect or solicit personal information from any person Boon Education actually knows is under the age of 18, nor does Boon Education send them requests for personal information, unless Boon Education first obtain permission from that child’s parent or legal guardian.
4. Registration and Personal Profile
When registering online, the User agrees to provide true, accurate, up-to-date and complete personal information as required in the registration form. In particular, the User agrees not to create a false identity. The User agrees to update as may be necessary from time to time the details given at the time of registration without delay.
The rights of access to and use of the Services are strictly personal and non-transferable. The User is recognised by an identifier and a password for which she/he is entirely responsible. The User agrees to keep the constituent parts of the identifier secret and not divulge them to anyone.
When the User is asked for personal information, the requested information is necessary for the performance of Boon Education’s Services. . In particular Boon Education respects the User’s privacy and does not sell, rent or trade the User’s name or personal details to other organizations or use them for marketing purposes. When the User is asked for personal information for further purpose(s), Boon Education will do so only if the User has given consent to the processing of his or her personal date or Boon Education will inform about the basis of the lawfulness of processing.
User’s name, last name, username, password, e-mail, phone, gender, date of birth, country (code), city address, address 2, province, region, interface language (code), timezone, skype id, will be posted in the user’s profile (if provided), which will be available only to the administrator or a company supervisor.
Boon Education uses the collected information to:
- Deliver the Services and products that the User has requested and tailor them to the Users needs (billing, identification and authentication);
- Manage the User’s account and provide the User with customer support;
- Contact the User about her/his use of the Services,
- Make research,
- Generally improve the content and functionality of the Services and the Website
- Enforce Boon Education’s terms and conditions;
- Manage Boon Education’s business;
- Perform functions as otherwise described to the User at the time of collection.
- Access to Personal Information
If the User’s personally identifiable information changes, or if the User no longer desires the Services, the User may correct or amend some of her/his personal information by making the change on the User’s account information page. The User can ask to delete her/his Account by contacting Boon Education’s Customer Support or the local Center. If a user account is deleted upon request of the User no refunds become due for Services not consumed. No user data can be retrieved at a later date. Boon Education will retain the User’s information for as long as the User’s account is active or as needed to provide Services to the User, comply with Boon Education’s legal obligations, resolve disputes, and enforce Boon Education’s agreements. The User’s account remains active even if the User’s subscription to Boon Education’s paid Services has expired.
5. Who Boon Education Shares The User’s Information With
Boon Education may provide the User’s personal information to companies that provide Services are necessary for Boon Education for its business activities such as processing the User’s payment or offering customer service. These companies are authorized to use the User’s personal information only as necessary to provide these Services to us.
Boon Education may provide the User’s personal information to the local Center operating close to or in your location area.
To ensure the quality of Boon Education’s Services, Boon Education may provide the results of the User’s placement, progress and achievement tests, and the User’s activity results to create pedagogical reports for the Boon Education trainer assigned to the User.
Boon Education may also disclose the User’s personal information as required by law, such as to comply with a subpoena, or similar legal process and/or when Boon Education believes in good faith that disclosure is necessary to protect Boon Education’s rights, protect the User’s safety or the safety of others, investigate fraud, or respond to a government request.
If Boon Education is involved in a merger, acquisition, or sale of all or a portion of its assets, the User will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of the User’s personal information, as well as any choices the User may have regarding her/his personal information.
Boon Education may also disclose the User’s personal information to any other third party with the prior consent of the User to do so.
7. Log Files
As is true with most websites, Boon Education gathers certain information automatically and stores it in log files. This information includes internet protocol addresses as well as browser, internet service provider, referring/exit pages, operating system, date/time stamp, and click stream data. Occasionally, Boon Education may connect personal data to information gathered in Boon Education’s log files, as necessary to improve the Service to individual Users. Otherwise, Boon Education mostly uses this information with no connection to individual Users, to analyze trends, administer the Website, or track usage of various features within the Website.
8. Abusive Behaviour
If a User shows disrespect to the participants of the online educational Services or demonstrates any aggression towards the trainer or other learners, she/he will be immediately cut from the service without the right of refunding.
9. Links to other Websites
The Boon Education Website contains links to other sites. Boon Education is not responsible for the privacy practices of such other sites. Boon Education encourages the Users to be aware when leaving Boon Education’s Website and to read the privacy statements of any Website that collects personally identifiable information. This privacy statement applies only to information collected by the Boon Education Website.
Boon Education may post User testimonials on its Website which may contain personally identifiable information. Publication of testimonials is subject to the User’s prior written consent. If the User wishes to have her/his testimonial removed she/he shall contact Boon Education’s Customer Service (see contact details clause 21 below).
11. Communications from the Website
The User may at any time unsubscribe from any promotional email sent from the Boon Education Website, by simply clicking on the unsubscribe link included at the bottom of each such email Boon Education sends.
Boon Education will send to the User strictly service-related announcements when it is necessary to do so. For instance, if the Services are temporarily suspended for maintenance, Boon Education might send the User an email.
Generally, the User may not opt-out of these communications, which are not promotional in nature. If the User does not wish to receive them, she/he has the option to deactivate her/his account.
12. Content of Services
The educational Services provided by Boon Education are described on the website www.Boon Educationnow.com.
Boon Education will continuously monitor its privacy practices and continued compliance with the Directive (see above clause 7) and the Terms.
If Boon Education makes any material changes to these terms and conditions, Boon Education will notify the User by email or by posting a prominent notice on the Website prior to the change becoming effective. Boon Education encourages the User to periodically review this page for the latest information on Boon Education’s privacy practices.
15. Contact Boon Education
For questions regarding this Policy or about the privacy practices, please contact Boon Education at: Boon Education Belpstrasse 11, CH-3007 Bern Switzerland, Tel.: +41 (0)31 388 77 or your local Center.
16. Protection of Intellectual Property
The User hereby agrees that Boon Education is the sole owner of the Boon Education teaching materials and that the same, at all times, shall be and remain in the sole and exclusive property of Boon Education. The User does not acquire any right, title, interest or claim of ownership in such Boon Education teaching materials by reason of using Boon Education’s Online Learning Services. The User agrees not to record and publish the Online Online Learning Sessions.
17. Law and jurisdiction
These Terms will be governed by and construed in accordance with Swiss law.
Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Berne/Switzerland.
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