Terms of Use

Code eLearning Portal

Terms of Use

ATTENTION: THE USE OF THE CODE ELEARNING PORTAL APPLICATION INDICATES THAT YOU ACCEPT THESE TERMS AND YOU AGREE TO BE BOUND BY THEM AND TO COMPLY WITH ANY AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT ACCEPT THESE TERMS (“TERMS”), DO NOT USE CODE ELEARNING PORTAL APPLICATION.

What is Code eLearning Portal?

Code eLearning Portal is educational platform. Moreover, it is server based, desktop and mobile application for provision of various sort of educational services for business and end users, as described herein. Code eLearning Portal enterprise m-Learning platform is a suite of integrated modules that manages the entire life cycle of education and training, based on Moodle LMS. It covers the areas of competency assessment, course authoring, enrollment and approval, course delivery, online assessments, progress tracking, course evaluation, gamified dashboards on course level as well as for all student’s courses and reporting. All Code eLearning Portal applications (desktop and mobile) shall hereinafter jointly be referred as Code eLearning Portal Applications or Code eLearning Portal Platform or just Code eLearning Portal.

Code eLearning Portal is available on internet and technically provided by Comtrade. It is recognizable by wearing copyright notice Code eLearning Portal Comtrade ©

Code eLearning Portal targets both human users and automated systems.

Code eLearning Portal Applications are available at Business Users as defined herein (educational institutions, schools, universities, companies etc.). Code eLearning Portal applications are available for installment on End User’s or Business User’s devices. Code eLearning Portal applications may be installed or otherwise provided as OEM feature to devices by Comtrade Contractual Partners and/or Business Users. General purpose application markets, such as Google Play or Apple iTunes, are not part of Code eLearning Portal, even if Comtrade publishes Code eLearning Portal Applications on them.

Involved Parties

Comtrade: Comtrade Solutions Engineering doo., Savski nasip 7, 11070 Belgrade, Serbia

Business User: Schools, institutes, universities and companies which purchase and use Code eLearning Portal Applications to provide educational services to End Users. Comtrade may conclude additional Contract to this Terms of Use with Business User (“Business Contract”). In case of conflicts between Business Contract and these Terms of Use, Business Contract is prevailing. Business User shall be registered in Code eLearning Portal Platform and uses assigned credentials to access the platform.

End User: User of Code eLearning Portal Applications, either an individual which independently purchases and uses Code eLearning Portal Applications or an individual, user of services provided by Business Users. End user may be registered and uses assigned credentials to access the platform, or may use the platform (limited functionality) without registration.

Comtrade Contractual Partners: Party that is neither the End User, nor Business User, and has a valid legal relationship with Comtrade related to part of the Code eLearning Portal. Examples include, but may not be limited to: Supplier of cloud services used to host Code eLearning Portal Platform, payment providers used in Code eLearning Portal, parties that distribute Code eLearning Portal Applications to End User’s and/or Business User’s devices. General purpose application markets, such as Google Play or Apple iTunes, are not considered a Comtrade Contractual Partner, even if Comtrade publishes Code eLearning Portal Applications on them.

You: may apply to one or more of: an individual End User (consumer), a Business User or an individual representing a Business User, depending on the context.

Purchase of access to Code eLearning Portal Platform by Business Users

Business User acquires rights as identified within these Terms of Use by paying its obligations to Comtrade. Timely payment of all Business User’s obligations is of essence for Business User to acquire and maintain its right under these Terms of Use. Shall Business User stop paying its obligations or shall not fulfill all of its obligations under these Terms of Use, Comtrade has the right to stop providing to Business Users rights to access Code eLearning Portal Platform under these Terms of Use, and Business User has no right to claim any reimbursement of its previous payments or any other compensation whatsoever. Comtrade has the right to charge all the costs arising out of Business User’s false or incomplete data, provided by Business User itself.

Term

Business User has the right to access Code eLearning Portal Platform and use Code eLearning Portal Applications as identified by these Terms of Use for the period of payment of its obligations under these Terms of Use.

End User Rights

End User acquires right to access Code eLearning Portal Platform and use Code eLearning Portal Applications both as individual users and as user of Business User’s services, under the terms and conditions as described hereof.

Access to Code eLearning Portal Platform

You are entering into legal relationship with Comtrade by having access to Code eLearning Portal Platform. You may use Code eLearning Portal Platform either as an End User or as a Business User. Use of Code eLearning Portal Platform is governed by these Terms of Use. The materials and databases in Code eLearning Portal Platform and Code eLearning Portal Applications are copyrighted and any unauthorized use of any content from the Code eLearning Portal Platform may violate copyright, trademark, and other laws. If you breach any of these terms, your authorization to have access and use Code eLearning Portal Platform automatically terminates and you must immediately destroy any copies of content in your control or/and possession.

Unless otherwise stated in legal notices elsewhere in Code eLearning Portal Platform, Comtrade hereby authorizes End Users to use Code eLearning Portal Platform for the purpose of education and obtaining information necessary for education, and Comtrade authorizes Business Users to use the Code eLearning Portal Platform to provide various sort of and materials in it, is not permitted without prior written approval from Comtrade. You may not modify the materials and/or Code eLearning Portal in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other location for any purpose is prohibited. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access or other use from this Site will be governed by their own license terms, conditions and notices.

Except as expressly stated herein, or any other part of Code eLearning Portal Platform, nothing contained in the Code eLearning Portal, may be construed as granting you any right or license to use any of the intellectual property rights found in Code eLearning Portal, whether by estoppel, implication or otherwise.

Use of Code eLearning Portal Applications

If you download software (“Code eLearning Portal Applications”) from the Code eLearning Portal Platform, use of the Code eLearning Portal Applications is subject to these Terms of Use. Additional Code eLearning Portal Applications license terms may supplement these Terms of Use for specific Code eLearning Portal Applications. You may not download or install Code eLearning Portal Applications until you have read and accepted these Terms of Use and all applicable license terms for specific Code eLearning Portal Application.

Prices and Taxation

All payments pursuant to these Terms of Use are net of any value added tax, withholding tax, state sales tax or any other similar taxes due.

Any and all payments due hereunder shall be made free and clear of any deductions and/or taxes or duties applied to such payments and payable by End Users and/or Business User by operation of law in the country of its residence.

Should any applicable taxes or any amounts related thereto be required to be withheld from any amounts payable to Comtrade hereunder (WHT), (i) the amount payable hereunder will be automatically increased to the full extent required to offset such tax, and (ii) the Business User/End User shall pay such additional amounts as may be necessary for Comtrade to receive the net amount that equals the amount stated in the invoice. End User and/or Business User shall be responsible for payment of any withholding taxes and shall indemnify and hold Comtrade harmless from and against any claim for unpaid withholding taxes, interest and penalties, which may be claimed by the applicable tax authorities relating to payment of such taxes.

Use of Code eLearning Portal

Use of Code eLearning Portal by End User from Business User creates contractual relationship between Business User and End User only. Comtrade is not part of this relationship. Business User is the only responsible party for the services it provides to End Users provided via the Code eLearning Portal Platform.

Return of Purchase

End Users which are considered consumers, due to legislation, have the right to return purchased Code eLearning Portal in 14 days after the purchase, if not consumed, except for the cases limited by applicable law. The actual costs of return may apply. Business Users may grant End Users additional rights for the services they provide. Business Users may not restrict End Users rights defined by this Terms and Conditions.

Contact

All legal communication with regard to these Terms must be directed to:

Comtrade Solutions Engineering doo 
Savski nasip 7 
11070 Belgrade 
Serbia

E-mail: info@code.edu.rs
Web site: https://lms.code.edu.rs

Business Users are obliged to post their Contact information on visible place within the Content they submit.

Contact for security issues and penetration test requests: security@comtrade.com 
(English, German, Serbian, Bosnian, Slovenian, Croatian)

You are kindly suggested to encrypt sensitive content when submitting security issues.

security@comtrade.com public PGP key:

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Other Terms and Licenses for Code eLearning Portal

Individual parts for purchase and use of Code eLearning Portal may be covered by separate terms of use or license agreements, either provided by Comtrade, Comtrade Contractual Partners, or Business User for the content and services provided from the part of Business User.

End User Submissions and Information

Any material, information or other communication End User transmits or post to the Code eLearning Portal Platform (“End User Content”) will be considered non-confidential and non-proprietary. Comtrade is the sole owner of any End user Content collected on this site. Comtrade shall have no obligation of any kind with respect to such End User Content, and shall be free to use, reproduce, disclose and/or distribute End User Content to others without limitation and without an indication of the source, including, but not limited to, ideas, concepts, knowledge, experience and techniques such information will contain, for any purpose, including, but not limited to, development, production and marketing of products/services containing such information. Comtrade will not sell, share, or rent End User Content to others in ways different from what is disclosed in These Terms of Use.

You are prohibited from posting or transmitting to or from the Code eLearning Portal Platform any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other End User Content that would violate any law. Comtrade is, to the maximum extent permitted by law, exempted from obligation to monitor End User Content for such materials. However Comtrade retains the right to remove such End User Content.

Business User Submissions and Information

Any material, information or other communication Business User transmits or posts to the Code eLearning Portal Platform (“Business User Content”) shall be considered non-confidential and non-proprietary. Comtrade is the sole owner of any Business User Content collected on this site. Comtrade shall have no obligation of any kind with respect to such information and shall be free to use, reproduce, disclose and/or distribute them to others without limitation and without an indication of the source, including, but not limited to, ideas, concepts, knowledge, experience and techniques such information will contain, for the purpose of operating Code eLearning Portal, including, but not limited to, development, production and marketing of products/services containing such information. Comtrade will not sell, share, or rent Business User Content to others in ways different from what is disclosed in These Terms of Use.

You are prohibited from posting or transmitting to or from the Code eLearning Portal Platform any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other Business User Content that would violate any applicable law. Comtrade is, to the maximum extent permitted by law, exempted from obligation to monitor Business User Content for such materials. However Comtrade retains the right to remove such Business User Content.

Right to share Intellectual Property Rights and Incomes

Comtrade may, at its sole discretion share its intellectual property rights and Incomes, related to the Code eLearning Portal, to other parts of Comtrade group under arbitrary conditions, within limits of applicable laws.

No Transfer of Rights

You may not transfer any rights, related to the Code eLearning Portal, given to you by Comtrade or Comtrade Contractual Partners to anyone, without written permission from Comtrade.

Privacy and Protection of Personally Identifiable Information

At Comtrade, we understand that privacy and protection of personally identifiable data is an important issue for End User of the Code eLearning Portal. We also understand that individuals using the Code eLearning Portal on behalf of Business Users expect reasonable privacy.

Comtrade may collect certain personally identifiable information during your use of the Code eLearning Portal in order to operate the Code eLearning Portal and provide services to End Users and Business Users. Any collection, processing and sharing of such personally identifiable information within Code eLearning Portal shall be in accordance with the Code eLearning Portal Privacy Policy and any applicable law.

Some parts of Code eLearning Portal may deposit certain bits of information, using Cookies and similar technologies (“Cookies”) to your device. General purpose of using Cookies within Code eLearning Portal is to operate certain features of Code eLearning Portal and to improve the Code eLearning Portal.

Links to Other Web Sites

Links to third party web sites within the Code eLearning Portal are provided solely as a convenience to you. Comtrade has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Comtrade does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Security

We maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect End User and Business User data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction.

Communication between Code eLearning Portal Web Services on one side and Code eLearning Portal Local Applications and web browsers on other side is encrypted according to modern standards. End Users and Business Users are responsible that their devices support appropriate strength of encryption.

Security of Payments

Comtrade is not directly involved party in payment processing within Code eLearning Portal.

Business Users must either comply to PCI DSS and other relevant payment security standards if they implement payment services themselves or outsource the payments to compliant payment providers. Comtrade has the right to audit compliance of Business Users and parties that process payments on behalf of Business User, without any reimbursements.

Comtrade itself maintains up to date Self-Assessment Questionnaire A and Attestation for the Code eLearning Portal.

Unacceptable Use

Code eLearning Portal is made available for the purpose of provision of educational information and services to Business Users to End Users only, as defined herein. Without Comtrade’s written permission, you are not allowed to monitor, spider, screen-scrape, re-sell, deep-link, use, copy, display, download or reproduce any content or information, software, products or services available within the Code eLearning Portal for any commercial or competitive activity or purpose, except as stated above.

You may not reverse engineer, decompile, disassemble, or work around technical limitations within the Code eLearning Portal, except to the extent that applicable law permits it despite these limitations. You may not disable, tamper with, or otherwise attempt to circumvent any control or limitation that is part of Code eLearning Portal.

Comtrade may exercise applicable legal and technical measures in order to resist unacceptable use of the Code eLearning Portal. This may include prevention of offending End Users and/or Business Users from use of the Code eLearning Portal and, upon notification and 30 day option to withdraw the data from the Code eLearning Portal Platform, removal of their data.

Responsibility for your accounts

You are responsible for maintaining the confidentiality of any non-public authentication credentials associated with your use of the Code eLearning Portal. You must promptly notify Comtrade about any possible misuse of your accounts or authentication credentials or any security incident related to the Code eLearning Portal.

Addresses for submissions are stated in Contacts part of these Terms.

Real Identities

You must use your real identity data when you purchase Code eLearning Portal.

Pen testing, Technical Evaluation of Security

You are allowed to test the security of the Code eLearning Portal Platform in order to ensure that your data and services are properly secured within the Code eLearning Portal. You must get proper approval from Comtrade of such testing; otherwise Comtrade or Comtrade Contractual Partners may perceive your activities as an attack, which may expose you to the legal responsibility against Comtrade and penal responsibility according to applicable laws.

Comtrade welcomes reports of security issues, concerns, suggestions and other inquiries related to security of the Code eLearning Portal PLatform. Comtrade does not reward the submissions.

Addresses for submissions are stated in Contacts part of these Terms.

Throttling

Comtrade or Comtrade Contractual Partners may limit the number and/or frequency of requests that you can make to the Code eLearning Portal Platform to protect the Code eLearning Portal Platform or to enforce reasonable limits on your use of the Code eLearning Portal Platform. The Specific throttling limits may be changed at any time, with or without notice.

Disclaimer

COMTRADE IS NOT RESPONSIBLE FOR THE INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES (“CONTENT”) SUMBITTED TO CODE ELEARNING PORTAL PLATFORM BY BUSINESS USERS OR END USERS. BUSINESS USERS AND END USERS THAT SUBMIT CONTENT REMAIN ENTIRELY RESPONSIBLE FOR SUBMITTED CONTENT. HOWEVER COMTRADE RETAINS THE RIGHT TO REMOVE THE CONTENT THAT VIOLATES THE APPLICABLE LAWS AND THESE TERMS OF USE, UPON NOTIFICATION OF SUCH CONTENT, OR DISCOVERY OF SUCH CONTENT ON ITS OWN.

EXCEPT FOR THE PURPOSE OF USE CODE ELEARNING PORTAL IN THE WAY AS DESCRIBED HEREIN, THE CONTENT PROVIDED WITHIN THE CODE ELEARNING PORTAL IS PROVIDED »AS IS« WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND. COMTRADE EXPRESSLY DISCLAIMS TO THE MAXIMUM EXTENT ALLOWED BY LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. THE CONTENT IS INFORMATION OF A GENERAL NATURE ONLY, WHICH IS NOT INTENDED TO ADDRESS THE SPECIFIC CIRCUMSTANCES OF ANY PARTICULAR INDIVIDUAL OR ENTITY, AND IS NOT A PROFESSIONAL ADVICE.

COMTRADE WILL EXERCISE REASONABLE EFFORTS TO ENSURE THAT CONTENT OF THE CODE ELEARNING PORTAL IS ACCURATE, SUITABILE, RELIABLE, UP TO DATE AND/OR COMPLETE, AND IS UNINTERRUPTED, TIMELY, SECURE AND ERROR-FREE. HOWEVER COMTRADE DOES NOT WARRANT THE AFORE MENTIONED PROPERTIES OF THE CONTENT AND SERVICES. COMTRADE MAY MAKE CHANGES TO THE CODE ELEARNING PORTAL, AT ANY TIME WITHOUT NOTICE. CONTENT PUBLISHED WITHIN THE CODE ELEARNING PORTAL MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

Limitation of Liability

IN NO EVENT SHALL COMTRADE, COMTRADE CONTRACTUAL PARTNERS, BUSINES USERS OR OTHER THIRD PARTIES MENTIONED HEREOF BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE CODE ELEARNING PORTAL, ANY WEB SITES AND SERVICES LINKED TO OR FROM THE CODE ELEARNING PORTAL, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE CODE ELEARNING PORTAL RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

Applicable Laws

The use of Code eLearning Portal is governed by the Laws of Republic of Serbia. The competent court is the court of Serbia. Additional laws may apply to Business Users and End Users using the Code eLearning Portal, depending on their location and legal type.

Registered Trademarks

Any names, logos, trademarks or service marks appearing within the Code eLearning Portal are registered trademarks of any respective Comtrade group company and/or other respective owners. You may not use any of the name, logo, trademark or service mark without prior written approval of its rightful owner.

Severability

If any part of this agreement is held unenforceable, the rest remains in full force and effect.

Waiver

Failure to enforce any provision of this agreement will not constitute a waiver.

Entire agreement

These Terms of Use and the external items (such as Privacy Policy) referenced from these Terms of Use as their integral part, the entire agreement concerning its subject matter and supersede any prior or concurrent communications for End Users.

For Business Users these Terms of Use may be complemented with individual Business Contract between Comtrade (or member of Comtrade Group) and Business User. In case of conflicting clauses the individual agreement prevails over these Terms of Use.

Force majeure

Comtrade, Comtrade Contractual Partners, and Business Users shall not be liable for any failure in performance related to the Code eLearning Portal due to causes beyond its reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact use of Code eLearning Portal). This section will not, however, apply to payment obligations of any party under this agreement.

Contracting Authority

If you are an individual accepting these terms on behalf of an entity, you represent that you have the legal authority to enter into this Agreement on that entity’s behalf.

General

Comtrade may revise these Terms of Use at any time by updating them. You should check the actual Terms of Use at the time of use of the Code eLearning Portal because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular part of the Code eLearning Portal.

Last modified: Friday, 21 October 2016, 1:12 PM