Meulensteen Academy

LEARNING AND TRAINING PROGRAMS
USER AGREEMENT

1. Agreement
(a) Meulensteen Academy Programs (“Programs”) available from [insert website URL(s)] and associated services provided through the Programs or the Meulensteen Academy websites (together “Services”) are provided by Meulensteen Academy (“we” or “us”).

(b) This User Agreement and any additional terms and conditions on the Meulensteen Academy website in relation to the Programs and the Services (together, the “Agreement”) apply to your use of the Programs and the Services.

(c) We take your privacy seriously. Your use of the Programs and our supply of the Services are also governed by our Privacy Policy. Our Privacy Policy sets out how we may collect, store and disclose your personal information.

(d) By accepting this Agreement and/or utilising the Programs or the Services, you agree that:
(i) this Agreement forms a binding agreement between you and us;
(ii) you consent to the terms of our Privacy Policy;
(iii) if you are an individual acting on behalf of a company or other entity, you have the authority to enter into this binding agreement on behalf of that company or entity.

2. Nature of the Program and Services
(a) The Programs and Services allow you to create and/or use personnel training and development programs for your own internal human resources purposes (“Purpose”).
(b) Except as expressly permitted by the Programs, you must not alter in any way the materials accessible through the Programs.
(c) Without limiting any other provision of this User Agreement, you must not:
(i) disclose any of the materials or information through the Programs other than for the Purpose; or
(ii) use the Programs and the Services for any purpose other than the Purpose.

3. Membership and Access to the Services
(a) You may use the Programs and Services by subscribing.
(b) You must provide and are responsible for all costs of equipment, software, and internet connectivity required to access the Programs and Services.
(c) You must not:
(i) use any false information or identity when registering;
(ii) register if we have previously cancelled your registration or banned you from the Programs or Services;
(iii) change or attempt to change any other person’s registration information; or
(iv) do anything that could jeopardise the security, confidentiality or intellectual property of the Programs or Services.
(d) You must:
(i) provide accurate and complete information when registering;
(ii) update all of your details regularly;
(iii) keep your login and password details confidential; and
(iv) immediately notify us if you become aware of any unauthorised access to or use of the Programs or Services in breach of this Agreement.
(e) You acknowledge that:
(i) you are responsible for all use of your login and password details whether authorised or not; and
(ii) we may cancel a username, login details or password at any time if we consider them offensive or infringing on any third party’s rights.

4. Intellectual Property and Licence
(a) All Intellectual Property created in and to the Programs and arising from or in relation to the Services vests in us or our licensees. Except as set out in this Agreement, you have no rights to such Intellectual Property.
(b) We grant you a non-exclusive right to use the Programs for the Purpose during the term of your subscription. Upon termination or expiry of your subscription, you must immediately cease using all materials and information accessed through the Programs and Services.
(c) You must not use the Programs for any purpose other than the Purpose and in accordance with our instructions.
(d) You must not engage in any activity using the Programs that infringes on our rights or those of any third party.
(e) You acknowledge that you have no right, title or interest in any aspect of the Programs or Services.
(f) Unless specifically permitted, you must not download, reproduce, or communicate to any third party any content or materials from the Programs or Services.
(g) You represent and warrant that you own all intellectual property rights in any communications, images, sounds, data, or other material uploaded by you (“Your Content”).
(h) You grant us a non-exclusive, irrevocable, perpetual, royalty-free licence (including the right to sub-license) to adapt, modify, communicate, and use Your Content in connection with the Programs, Services, and other business activities.
(i) You waive all moral rights in Your Content, or where law prevents waiver, you consent to necessary alterations or lack of attribution.
(j) You warrant that:
(i) you have the right to use Your Content in connection with the Programs and Services;
(ii) you have obtained appropriate consents from the creators of Your Content (including parental/guardian consent for children);
(iii) Your Content does not breach laws or infringe third-party rights;
(iv) Your Content is accurate and free from harmful code;
(v) any personal information in Your Content will be handled in accordance with our Privacy Policy.
(k) You acknowledge that:
(i) you are solely responsible for Your Content;
(ii) we are not obligated to monitor user content;
(iii) we may monitor content and, at our discretion, delete, edit, or refuse to distribute content;
(iv) we have no liability for any content uploaded via the Services.

5. Community Guidelines
(a) The Programs may include features that allow comments or interaction with other users.
(b) When posting content:
(i) comments must be respectful;
(ii) no spam, advertising, or self-promotion is allowed;
(iii) abusive, offensive, defamatory, discriminatory, or illegal content is prohibited;
(iv) no personal information of others may be shared;
(v) we may remove any content in our sole discretion.

6. Fees and Payment
(a) You must pay subscription fees via the portal through which the Programs are available.
(b) Access may be terminated if payment is not made.

7. Termination and Suspension
(a) We may terminate, suspend, limit, delete, or modify your access if we believe you have breached this Agreement, engaged in harmful conduct, or infringed third-party rights.
(b) You may terminate your access at any time per the portal’s terms.

8. Confidentiality and Disclosures
(a) Information or ideas you share via the Programs may be visible to other users.
(b) We and other users may use or exploit such information without compensation.

9. Limitation of Liability and Indemnity
(a) We exclude all warranties, terms, and conditions to the maximum extent permitted by law.
(b) Our total liability to you will not exceed the amount you paid us in the 12 months preceding the claim.
(c) We are not liable for loss of profit, data, goodwill, or business, or any indirect, special, or consequential damages.
(d) You indemnify us and our affiliates for any claims arising from your breach of this Agreement.
(e) We are not liable for failure caused by force majeure events (e.g., natural disasters, strikes, war, etc.).

10. Data Processing Under GDPR (EU Visitors)
(a) If you are located in the European Economic Area (EEA), we process your personal data in compliance with the General Data Protection Regulation (GDPR).
(b) We act as a "data controller" with respect to your personal data collected through the Programs and Services.
(c) We process your personal data on the following legal bases:

• To fulfil contractual obligations (e.g., providing access to Programs);

• With your consent (e.g., for marketing communications);

• To comply with legal obligations;

• For legitimate interests, including service improvements and fraud prevention.
  (d) You have the following GDPR rights:

• Right of access, correction, or deletion of your personal data;

• Right to restrict or object to processing;

• Right to data portability;

• Right to withdraw consent at any time.
  (e) To exercise these rights, contact us at [insert email address].
  (f) Where personal data is transferred outside of the EEA, we implement appropriate safeguards such as Standard Contractual Clauses or equivalent mechanisms.

11. General
(a) We may assign this Agreement without your consent. You may not assign it without our written consent.
(b) This Agreement and the Privacy Policy constitute the entire agreement between the parties.
(c) If any provision is invalid, it will be read down or severed, and the remainder will remain enforceable.
(d) No waiver of rights is effective unless in writing.
(e) Nothing in this Agreement creates a partnership, employment, or trust relationship.
(f) Sections 8, 9, 10, and 11 survive termination of this Agreement.
(g) You waive the right to seek injunctive relief against our services, limiting claims to monetary damages.
(h) This Agreement is governed by the laws of [insert jurisdiction, e.g., the Netherlands for Europe or NSW, Australia if applicable], and you submit to the non-exclusive jurisdiction of its courts.

US Visitors
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you. We (or service providers on our behalf) may then send communications and marketing to these emails. You may opt out by visiting https://app.retention.com/optout.