RSB Academy Terms & Conditions
.
RSB – Roundtable on Sustainable Biomaterials Association (“RSB”) is a global, multi-stakeholder and independent organisation that offers workable and practical solutions to ensure the implementation of environmental and social sustainability on the ground, being the world’s most trusted, peer-reviewed global certification system for sustainable biomass production and conversion.
The RSB Academy delivers blended and online learning programs, including engaging online and offline workshops, courses, and professional and business development tools for individuals and companies. Through the RSB Academy learning portal, RSB offers practical, accessible, technical sustainability courses for a global audience. RSB Academy courses are delivered either online, through blended learning techniques or in-person workshops. RSB aims to ensure a sustainable transformation of the economy from fossil-fuel resources to circular and bio-based approaches through targeted capacity building to ensure effective, sustainable progress.
If you have any questions about these Terms and Conditions or wish to contact us for any reason, please click on “Contact us” or email us at [email protected].
1. Terms and Conditions
1.1. These Terms and Conditions set out the rules that govern the use of the RSB Academy by any individual or legal entity, including but not limited to their representatives, employees, or agents willing to use the RSB Academy (one a “User” and several “Users”).
1.2. Acceptance of these Terms and Conditions by the User will create a binding agreement (the “Agreement”) between RSB and the User (each of them a “Party” and together the “Parties”). By accessing the RSB Academy, the User acknowledges and agrees that such access or use constitutes their acceptance of these Terms and Conditions. In case of disagreement with these Terms and Conditions, the User must immediately cease using the platform.
1.3. The RSB Privacy Policy in its latest version is incorporated into and forms part of this Agreement. In case of dispute between any provisions in the Agreement and the RSB Privacy Policy, the RSB Privacy Policy shall prevail, as applicable.
1.4. This Agreement represents the whole agreement between the Parties with respect to the RSB Academy and shall apply to all Users.
1.5. This Agreement and all subsequent amendments (including, but not limited to, amendments to the RSB Privacy Policy) constitute the Terms and Conditions for the access and use of the RSB Academy.
2. General Obligations, Representations and Warranties
2.1. Each Party hereby agrees to:
2.1.1. Act in accordance with all applicable laws and regulations, including but not limited to the laws and regulations applicable to the access and use of the RSB Academy and its sources.
2.1.2. Contribute to the implementation of the Agreement to the extent that the Parties shall provide each other without delay all necessary information required by the application of the Agreement, including, without limitation, non-conformity of information included in the RSB Academy platform.
3. User: Role and Responsibilities
3.1. In addition to the terms in Section 2.1., the User hereby agrees to:
3.1.1. Use their status as RSB Academy User to uphold the reputation, standing and awareness of the RSB Academy, including but not limited to the content available on the platform.
3.1.2. Comply with any applicable laws and regulations and maintain such licenses, authorisations and all other approvals, permits and authorities as are required from time to time to perform their obligations under or in connection with the Agreement. Nothing in these Terms and Conditions purports to limit or exclude any liability or fraud.
3.1.3. Use the RSB Academy, its associated website, platform, content and documentation for the final purpose of the RSB Academy as defined in the RSB Academy-related materials as included on the platform, in line with applicable standards and regulations and these Terms and Conditions, and in any case solely for the educational purposes outlined in the referred materials.
3.1.4. Allow RSB to use anonymised aggregate data related to RSB Academy activities for general market statistics, promotional material or other informational publications and documents.
3.1.5. Not create an account for anyone other than the User without express permission from RSB. The User is only permitted to have one account and agrees not to create multiple accounts nor to share their personal account information with third parties.
3.1.6. Provide complete, current and accurate information to RSB during the registration process and shall not misrepresent (or attempt to misrepresent) their identity while accessing and using the RSB Academy. By submitting a registration, the User represents and warrants to RSB that the information they are providing is complete, current, and accurate. The User must keep at all times their personal and contact information accurate and up-to-date.
3.1.7. Maintain confidentiality of their account information (including their access password) and will not allow or authorise any other person to use it.
3.1.8. Not access or attempt to access the account of any other User in the RSB Academy site.
3.2. The User hereby acknowledges:
3.2.1. RSB will not have any liability or obligation in connection with the information provided by the User and included in the RSB Academy platform or for any acts or omissions of the User in the use of the RSB Academy platform, and, in particular, in case of misuse of the RSB Academy platform as provided under this Agreement.
3.2.2. RSB will not be liable for restrictions or interruptions of the RSB Academy. RSB will duly notify foreseeable interruptions of the RSB Academy operations for maintenance at least two (2) business days in advance.
3.2.3. In case of unforeseeable interruptions of the RSB Academy due to force majeure, technical malfunctions or for reasons of the RSB Academy security, Users will be notified within a reasonable time.
3.2.4. RSB may have reporting obligations in front of third parties relying on the information in the RSB Academy and is hereby authorised to share any information registered by the User for these purposes. RSB will notify the User about the information reported, if applicable.
3.2.5. RSB’s liability is strictly limited to the extent permitted under Swiss law. As a non-profit organisation, RSB shall not be liable for any indirect, incidental, punitive or consequential damages, including but not limited to loss of profits, data, or business opportunities, arising from the use of the RSB Academy platform.
3.2.6. RSB provides the RSB Academy “as is” and “as available” without any express or implied warranties, including but not limited to warranties of accuracy, completeness, reliability, suitability or fitness for a particular purpose of the content provided or non-infringement.
3.2.7. Users are solely responsible for using the platform and making any decisions based on the information obtained through the RSB Academy. Any claims or disputes arising out of User behaviour on the platform or related to the content on the platform are the sole responsibility of the User, and RSB disclaims any involvement or liability in such matters.
4. RSB: Roles and Responsibilities
4.1. RSB will, in performing its duties, roles and responsibilities under the Agreement, act diligently, professionally and in accordance with the standards expected of a leading service provider in the field of sustainability capacity-building. RSB may delegate certain activities to third parties, provided such delegation does not compromise the quality, integrity or effectiveness of the RSB Academy.
4.1.1. In addition to the terms in 2.1., RSB hereby agrees to:
4.1.2. Ensure the courses offered through the RSB Academy are designed and delivered in alignment with RSB’s core principles, mission and professional standards, as well as regularly reviewed, updated and maintained to reflect current best practices, developments in sustainability and user feedback.
4.1.3. Maintain proper and efficient operational procedures to ensure the effective functioning of the RSB Academy.
4.1.4. Issue regular information to Users within the RSB Academy on new courses and programs, modifications or maintenance activities affecting the RSB Academy and improvements or policy changes relevant to Users.
4.1.5. Use its best efforts to maintain its reputation as a responsible, reputable and financially sound organisation.
4.1.6. Ensure that appropriate technical and administrative support is available to facilitate seamless access to the RSB Academy for all users.
4.1.7. Implement and uphold data protection and privacy measures in compliance with applicable laws and standards.
5. Registration within the RSB Academy
5.1. Registration and participation in the RSB Academy are restricted to individuals over 18 years of age, emancipated minors, or those who possess legal parental or guardian consent and are fully able and competent to enter into these Terms and Conditions and particular obligations, affirmations, representations, and warranties herein. By registering or participating in services or functions on the RSB Academy sites, you represent that you meet these conditions.
5.2. Access to the RSB Academy will be provided to individual Users under the fulfilment of the following requirements:
5.2.1. Self-registration on the RSB Academy learning portal: Individuals willing to register on the RSB Academy learning portal will use their email address, complete name, and surname to self-register, setting up a username and password to log in. These Terms and Conditions will need to be accepted mandatorily to access and use the RSB Academy.
5.2.2. RSB verification through automated email set-up: Upon a User self-registration, RSB will check and confirm that the individual can proceed with the self-registration process. Individuals can only progress upon their approval by RSB as RSB Academy Users.
5.2.3. Log into the RSB Academy learning portal: Once approved by RSB, the individual, now the User, can log into the RSB Academy learning portal using their username and password.
5.2.4. Payment and enrolment into the course(s): Upon confirmation and approval as RSB Academy Users and their initial login in the RSB Academy learning portal, Users can peruse the Course Catalogue feature to select and purchase courses. Users can only access courses when the payment is completed. The RSB Academy will generate automated receipts and send email confirmation on course purchases.
5.3. Access to RSB Academy will be provided to legal entity Users, including but not limited to representatives, employees, or agents, under the fulfilment of the following requirements:
5.3.1. Previous assessment: RSB and the legal entity will identify, discuss and agree on the needs and knowledge gaps to analyse the entity individuals that can benefit from RSB Academy course(s).
5.3.2. Quote: Based on the legal entity’s needs and requirements, RSB will submit a formal quote for the number of courses and individual users per course. The formal quote will include required payment terms.
5.3.3. Acceptance of formal quote and invoicing: Upon the legal entity’s acceptance of the RSB Academy formal quote, RSB will generate and submit a formal invoice to the legal entity with detailed payment terms.
5.3.4. Manual enrolment and course access: RSB Academy learning portal administrators will manually enrol all legal entity individual users in the RSB Academy learning portal and corresponding courses. Users will receive automated emails with their username, password and enrolment details along with the link to the RSB Academy learning portal.
5.3.5. User login: Users who log into the RSB Academy learning portal using their username and password will have immediate access to the courses contracted by their legal entity.
5.4. RSB reserves the right to change the requisites of access to the RSB Academy. For these purposes, the general terms for modification of these Terms and Conditions will apply.
5.5. Each User is responsible for ensuring that the RSB Academy access information is used securely. If secure use is no longer guaranteed, the User shall immediately notify RSB. The User remains solely liable for any loss or damage incurred due to the unauthorised use of the User’s RSB Academy access information.
5.6. The User will be ensured continuous access to the RSB Academy under these Terms and Conditions, and, in any case, provided no infringements to the Agreement, including these Terms and Conditions and the RSB Privacy Policy have been committed by the User.
5.7. Inactivity of the User accounts may lead to deactivation by RSB. RSB will review inactive accounts on an annual basis. Users who have been inactive for over a 6-month period will be deactivated and lose access to their account. In such cases, to retrieve access, Users need to contact RSB Academy team on [email protected]
6. Non-Conformity
6.1. RSB has the right to remove or suspend the User’s access to the RSB Academy under the Terms of this Section and, in particular, if:
6.1.1. There is a misuse of the RSB Academy system by the User. If RSB identifies a misuse of the RSB Academy system under the terms of this Section, RSB will notify the User and request a prompt solution to the non-conformity. If the non-conformity has not been solved by the User under the terms of this Section within fourteen (“14”) calendar days, the User’s access to the RSB Academy may be suspended.
6.2. The User shall not be entitled to any compensation or refund unless otherwise provided by the applicable mandatory regulations under the Agreement or otherwise arising out of the removal or suspension of the User’s account.
6.3. Removal of the User’s access to the RSB Academy under the terms of this Section may lead to termination of the Agreement.
6.4. RSB shall permanently remove access to the RSB Academy by written notice thereof to the User where the misuse or breach persists and, in particular, in case of wilful or negligent misconduct.
7. Fees and Charges, Invoicing and Tax
7.1. The RSB Academy fees and charges payable by the User will be available in the RSB Academy learning portal and Course Catalogue. All prices quoted by RSB are in United States Dollars (USD). All payments must be done in USD. The applicable fees and charges will be calculated according to the public information as of the date of the online purchase of the course for individual Users or of issuance of the invoice for legal entities.
7.2. All payments under the Agreement shall be made without any withholding of or deduction for or on account of any tax, unless such withholding or deduction is required by law, in which case the User shall inform RSB immediately of such requirement. The User shall increase the amount of any payment which is required to be made subject to withholding or deduction to the extent necessary to ensure that RSB receives the amount it is entitled to receive according to the RSB Academy fees unless otherwise provided in the applicable law.
7.3. The User agrees to be solely liable and responsible for duly paying all fees to RSB related to the use of the RSB Academy. The User further agrees to accept the standards of practice and protocol used by RSB related to invoicing and payments as provided under these Terms and Conditions.
7.4. RSB reserves the right to vary these charges from time to time unilaterally. Any changes, updates, or modifications to the fees will be effective immediately upon posting on RSB Academy learning portal. The fees and applicable payment charges will be displayed on the RSB Academy sites and/or during the course of the User’s transaction. The User will have the option to cancel the transaction at any time before confirming the final amount and submitting payment.
7.5. The User shall pay all sums that it owes to RSB under these Terms and Conditions without any set-off, counterclaim, deduction or withholding of any kind, save as may be required by law.
7.6. For legal entities, RSB will submit an invoice according to the invoicing details and information provided by the User to RSB. RSB reserves the right not to make changes to invoices following their issuance and submission. Full payment must occur within thirty (30) days of the date of issuance of the relevant invoice. Where payment is not made under the terms of the Agreement, RSB shall be entitled to reject access to the RSB Academy for the legal entity individuals. The legal entity will not be entitled to any compensation under this Agreement or otherwise arising out of such rejection.
7.7. Although RSB Academy may offer a range of free online courses from time to time, most programmes or online courses require an enrolment or registration fee. Individual users or legal entities, as applicable, must pay all fees and applicable taxes in a timely manner using a payment method accepted by the RSB Academy platform sites unless they have made prior arrangements with RSB in writing for an alternative payment method. If the User’s payment method fails, RSB may use other collection mechanisms to recover the fees. For Users directly purchasing courses through the RSB Academy learning portal, payment processing is handled by a third-party vendor for RSB. The User will be redirected to a secure website to complete the payment transaction. The privacy statement posted on the payment landing page operated by such third-party vendor will govern the submission and processing of the User’s payment details. The User must familiarize themselves with those terms prior to initiating a transaction.
7.8. Once the User’s payment transaction is completed, the User will be redirected to an RSB Academy confirmation page and receive a confirmation email with their name, order number, and payment amount. The User must retain this email for their records, as this information will be required if they seek a refund from RSB Academy.
8. Certificate of Completion
8.1. Subject to the User’s satisfactory completion of an RSB Academy course, as determined by RSB in its sole discretion, the User may be awarded a statement acknowledging their completion of the RSB Academy course. The content of a certificate of completion will be determined by RSB in its sole discretion and may change from time to time and from course to course.
8.2. Any certificate issued by the RSB Academy upon the completion of a course or program solely indicates that the User has completed the requirements of the course as defined by the platform. The certificate does not:
8.2.1. Imply any form of accreditation, certification or professional qualification beyond the completion of the course.
8.2.2. Confer any rights, privileges or recognition from RSB or any third-party organisation.
8.2.3. Serve as proof of expertise, skills or competencies beyond the context of the course content.
8.3. The receipt of a certificate does not guarantee employment, professional advancement or any form of recognition in any professional or academic field. The certificate is solely a confirmation of participation and completion of the course as designed by the RSB Academy.
8.4. RSB shall not be liable for any claims or damages arising from a User’s reliance on the certificate for any purposes other than its stated intent. The certificate has no legal or professional standing outside the RSB Academy.
9. Integrity
9.1. Users of the RSB Academy are expected to act with honesty and integrity and in alignment with the principles of fairness and respect. The platform may not be used to engage in any activity that is unlawful, unethical or contrary to RSB’s mission and values.
9.2. Users must not engage in misrepresentation of personal, professional or academic credentials; plagiarism, cheating or unauthorised collaboration in completing course assignments or activities; dissemination of false, misleading or defamatory information on the platform; or any activity that could harm RSB’s reputation or the reputation of other Users.
9.3. Users agree not to exploit the RSB Academy for purposes unrelated to its intended educational goals, including but not limited to commercial solicitation, unauthorised data mining or extraction, and distribution of malware or other malicious software.
9.4. Violations of this clause may result in suspension or termination of User access to the RSB Academy and reporting of violations to appropriate authorities if applicable, with the implementation of any actions or remedies as deemed necessary to protect the integrity of the platform and its community.
10. Information Systems
10.1. The RSB Academy operates on a third-party platform. While RSB acts with due diligence in selecting and managing this service provider, RSB does not own or control the underlying infrastructure of the information systems. The provision of the RSB Academy is therefore subject to the availability, functionality and security measures implemented by the third-party provider.
10.2. The User hereby acknowledges and accepts the inherent risks of using a third-party platform, including, but not limited to, potential interruptions or disruptions in service due to technical issues or maintenance, unauthorised access, data interception, or modification of transmitted or stored information by third parties, and the impact of any vulnerabilities affecting the RSB Academy information systems.
10.3. The User is responsible for ensuring they have the necessary IT infrastructure to access and operate the RSB Academy, including adequate hardware, software and internet access, and implementation of appropriate data security measures, including but not limited to the secure management of account credentials, passwords and any other authentication mechanisms.
10.4. RSB endeavours to maintain robust security protocols for the RSB Academy in collaboration with the platform’s third-party service provider. However, RSB disclaims liability for any data loss, unauthorised access, or other security breaches arising from vulnerabilities in the third-party platform, subject to applicable law. Users are advised to implement their own safeguards, such as encryption, secure networks and regular monitoring of account activity.
10.5. RSB recognises that some Users may be located in areas with limited or inconsistent internet connectivity. To support these Users, RSB will endeavour to make content and resources as lightweight as possible to minimise bandwidth requirements. Where feasible, RSB may provide options for offline access to selected materials or downloadable content to ensure that Users in low-connectivity areas can continue to benefit from the RSB Academy’s offerings. Additionally, RSB may offer guidance and recommendations on optimising access to the platform under challenging technical conditions.
10.6. RSB reserves the right to periodically update, modify or enhance the RSB Academy in collaboration with the third-party platform service provider. Users will be notified in writing (including via email or similar electronic communication) of any significant changes that may impact access or functionality.
10.7. RSB will not be liable for any direct, indirect, incidential or consequential damages arising from the use or inability to use the RSB Academy due to technical failures or limitations of the platform; breaches of data security or privacy originating from the platforms or the User’s own IT environment or the interruption of service or changes to the platform’s features or availability.
10.8. The User agrees to indemnify and hold RSB harmless of any claims, damages or losses arising from their failure to implement adequate data security measures or from their misuse of the RSB Academy information systems.
11. Accessibility
11.1. RSB is committed to making the RSB Academy as accessible as possible to all Users, regardless of geographical, technical or physical barriers. RSB endeavours to:
11.1.1. Together with the third-party service provider develop and maintain the RSB Academy platform in accordance with best practices for digital accessibility.
11.1.2. Provide resources in formats that accommodate varying levels of internet connectivity and technological access.
11.1.3. Offer guidance and support to Users facing challenges in accessing the platform.
11.2. Users are encouraged to inform RSB of any specific accessibility needs or challenges encountered while using the platform and take reasonable measures to secure the necessary hardware, software and connectivity to access the RSB Academy. RSB will strive to incorporate User feedback into ongoing platform enhancements.
11.3. While RSB is committed to addressing accessibility barriers, it cannot guarantee that RSB Academy will be fully accessible to all Users at all times due to factors beyond RSB’s reasonable control. RSB disclaims all liability for inability to access or use the platform to the extent permitted by applicable law.
12. Intellectual Property
12.1. All content available on the RSB Academy platform, including but not limited to courses, videos, text, graphics, logos, trademarks, designs, software, tools and any other materials (collectively, the “Content”) is the exclusive property of RSB and its licensors and is protected by copyright, trademark and other applicable intellectual property laws.
12.2. Users are granted a limited, non-exclusive, non-transferable and revocable license to access and use the Content solely for non-commercial, educational purposes in accordance with these Terms and Conditions. This license does not transfer any ownership or rights in the Content to the User.
12.3. Users must not, without prior written consent from RSB:
12.3.1. Copy, reproduce, modify, distribute, display or perform the Content publicly.
12.3.2. Use the Content for commercial purposes, including resale, sublicensing or redistribution.
12.3.3. Create derivative works or otherwise exploit the Content in any manner not expressly authorised by RSB.
12.3.4. Reverse engineer, decompile, or attempt to extract the source code of any software or tools available on the RSB Academy platform.
12.4. The RSB Academy may include content provided by third parties, including links to external websites or resources. Such content is the property of its respective owners and is subject to their terms and conditions. RSB does not claim ownership of third-party content and is not responsible for its accuracy, availability or use.
12.5. Introduction of information by the User within the RSB Academy will not result in the transfer of ownership of any intellectual property rights related to it. RSB will be granted a royalty-free, non-exclusive, perpetual, worldwide and sublicensable license and right of use with respect to such User Content for the performance of its rights and obligations related to the RSB Academy.
12.6. Any unauthorised use of the Content constitutes a violation of RSB’s intellectual property rights that may result in the immediate suspension or termination of the User’s access to the RSB Academy and, where applicable, legal action to seek damages and enforce RSB’s rights under applicable law.
13. User Content
13.1. The RSB Academy may provide the User with the ability to upload comments, questions, replies, create profile pages, and other content and media for social interaction, or provide certain information and materials for use with the RSB Academy platform (collectively, “User Content”).
13.2. Regarding any submissions of User Content, the User agrees to comply with these Terms and Conditions, including all applicable laws related to online conduct and acceptable content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from the jurisdiction in which they reside.
13.3. The RSB Academy site may also offer the User the ability to post comments and replies, participate in group discussions, submit questions, or send similar messages and communications to third-party service providers, other RSB Academy users, and/or RSB Academy. The User agrees to use the communication methods available on the RSB Academy platform only to send communications and materials related to the subject matter for which RSB Academy provided the communication method. All such communications are subject to and governed by this Agreement.
13.4. By using any of the communication methods available on the Sites, the User agrees that:
13.4.1. All communication methods constitute public, not private, means of communication between the User and the other party or parties;
13.4.2. Communications sent to or received from third-party service providers or other third parties are not endorsed, sponsored, or approved by RSB or the RSB Academy in any manner (unless expressly stated otherwise by RSB or the RSB Academy);
13.4.3. Most content will be reactively moderated if flagged by RSB Academy Users, but RSB Academy reserves the right to pre-review or post-review User Content to ensure compliance with the Agreement.
13.5. Additionally, through such communication methods, RSB Academy may offer certain services to the User. For example, RSB Academy may provide services related to the User’s participation in an online forums or course study groups that allow them to communicate with the RSB Secretariat, fellow Users, and/or related third parties to ask questions about academic materials or general experiences on the RSB Academy platform.
13.6. The User acknowledges and agrees that these services (including, without limitation, study group services) may be monitored or recorded for quality control purposes. Any information or material provided as part of these services is included in this Agreement and is provided for educational purposes only.
13.7. Regarding User Content submitted or otherwise made available in connection with the use of the RSB Academy platform, and subject to the RSB Privacy Policy, the User grants RSB Academy a fully transferable, worldwide, perpetual, royalty-free, and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform, and publicly display such User Content.
13.8. To the extent that the User provides User Content, they represent and warrant to RSB that:
13.8.1. User has all necessary rights, licenses, and/or clearances to provide and use User Content and permit RSB Academy to use such User Content as described above, and has all necessary written or implied consents, releases, and/or permissions from each identifiable individual in the Content to use their name, picture, and likeness;
13.8.2. User Content is accurate and reasonably complete;
13.8.3. User will be responsible for the payment of any third-party fees related to the provision and use of such User Content; and
13.8.4. User Content does not infringe or misappropriate any third-party rights (including, without limitation, privacy, publicity, intellectual property, and other proprietary rights, such as copyright, trademark, and patent rights) or constitute a fraudulent statement, misrepresentation, or unfair business practice.
13.8.5. The User also grants each RSB Academy User a non-exclusive license to access their User Content through the RSB Academy platform and to use, reproduce, distribute, display, and perform such User Content.
13.9. RSB Academy may also provide the User with the ability to upload or send information to RSB regarding the RSB Academy platform or related services (“Feedback”). By submitting Feedback, the User grants RSB Academy an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform, and publicly display any such submission.
13.10. The User is solely responsible for keeping a duplicate copy of all User Content; RSB does not accept any responsibility or liability for the loss of User Content.
13.11. RSB Academy reserves the right to remove any content (not only Prohibited Content) from the RSB Academy platform at its sole discretion but is not required to do so. If content posted by the User is removed, RSB Academy may not notify the User of the removal.
13.12. RSB Academy does not endorse any User Content or any opinion, recommendation, or advice expressed therein.
14. Force Majeure
14.1. For the purposes of this Agreement, force majeure means an occurrence beyond the reasonable control of the Party claiming force majeure which it could not reasonably have avoided or overcome and which makes it impossible for it to perform its obligations hereunder, including, but without limitation, due to the failure of communications or computer systems (“Force Majeure”).
14.2. If a Party is fully or partly prevented due to Force Majeure from performing its obligations in the terms of this Agreement and the such Party complies with the requirements of this Section, no breach or default by the relevant Party shall be deemed to have occurred and it shall be released from those obligations for the period of time and to the extent that such Force Majeure prevents its performance. No obligation to pay damages will then accrue to such Party.
14.3. In the event, and in due measure, the obligations of the Party who claims Force Majeure are released by Force Majeure, the obligations related to the other party will also be released.
14.4. Both Parties shall inform each other of the occurrence of Force Majeure as well as of its end without delay and send all commercially reasonable efforts to mitigate the effects of Force Majeure.
14.5. Notwithstanding the occurrence of a Force Majeure event, both parties shall continue to perform their obligations under this Agreement to the extent that such obligations can be performed, and will use reasonable efforts to overcome or mitigate the impact of the Force Majeure event.
15. Amendments to Terms and Conditions
15.1. RSB reserves the right to make any changes to the Agreement and, in particular, to these Terms and Conditions and any additional documentation hereto (including the RSB Privacy Policy) from time to time. The User is responsible for being familiar with the latest version of these Terms and Conditions as published on the RSB Academy website. The User will be notified in writing (including email or similar electronic communication means) of relevant modifications to these Terms and Conditions not less than thirty (“30”) days prior to becoming effective.
15.2. RSB agrees to forward their best efforts to amend the Agreement if such amendment is necessary, required or desirable (in the Users’ and/or their reasonable opinion) due to operational, legal or compliance reasons.
15.3. The use of the RSB Academy by the User following the changes constitutes the User’s acceptance of the updated Agreement.
16. Term and Termination Rights
16.1. Subject to the terms of this Section, the Agreement shall come into force and be binding on the User upon the User’s registration and/or first use of the RSB Academy platform, including but not limited to accessing any courses, materials, or services provided by the RSB Academy. By registering for using the RSB Academy platform, the User acknowledges and agrees to comply with these Terms and Conditions and the RSB Privacy Policy.
16.2. The User may terminate this Agreement at any time by closing their account with the RSB Academy and ceasing to use the platform. To close an account, the User must follow the procedures set forth in the RSB Academy platform’s settings or contact RSB for assistance. Upon termination, the User will no longer have access to the RSB Academy’s courses, resources and services.
16.3. RSB reserves the right to terminate or suspend the User’s access to the RSB Academy, at its sole discretion in the event of:
16.3.1. Breach of this Agreement by the User, including but not limited to violation of intellectual property rights, inappropriate use of the platform, or failure to comply with legal or regulatory requirements.
16.3.2. Non-payment of any fees or charges (if applicable) due to RSB.
16.3.3. The User’s actions causing harm to the platform, other Users or RSB’s reputation.
16.3.4. Any other reason that, in RSB’s reasonable judgment, necessitates suspension or termination of the User’s account for the protection of the platform and its Users.
16.4. Upon termination of the Agreement:
16.4.1. The User’s access to the RSB Academy will immediately cease.
16.4.2. Any amounts owed by the User to RSB prior to termination will remain due and payable.
16.4.3. The User must immediately cease using all RSB Academy materials and content, and any rights granted to the User to access and use the platform will terminate.
16.4.4. Termination does not relieve either Party from any liability arising prior to the termination.
16.5. The User hereby acknowledges and agrees that some Sections in these Terms and Conditions shall remain valid after termination, where applicable with regards to RSB rights and/or information contained (or that had been contained) within the RSB Academy.
17. Notices
17.1. Every notice, request, demand, or other communication under this Agreement shall be issued in accordance with the details set out in the RSB Academy platform and website.
17.2. Any notice, request, demand or other communication to be given or made under this Agreement shall be deemed to have been delivered, in the case of any notice, request, demand or other communication given or made by facsimile or e-mail when despatched, unless despatched outside normal business hours, on the next business day following the date on which it was despatched or, in the case of any notice, request, demand or other communication given or made by letter, posted by registered mail, one business day after the registered delivery date.
18. Indemnity and Insurance
18.1. The User recognises that any breach or threatened breach of the Agreement on its end may cause RSB irreparable harm for which damages may not be an adequate remedy. Accordingly, in addition to any other remedies and damages available to RSB in the applicable laws and regulations, the User acknowledges and agrees that RSB is entitled to the remedies of specific performance, injunction and other equitable relief without proof of special damages.
18.2. The User shall indemnify, and keep RSB indemnified, from and against any losses, damages, liability, costs (including legal fees) and expenses incurred by RSB as a result of or in connection with the User’s breach of any of the user’s obligations under the Agreement, including but not limited to:
18.2.1. The User’s use of the RSB Academy platform and its content in violation of the Terms and Conditions.
18.2.2. Any breach by the User of the representations, warranties, or obligations set forth in these Terms and Conditions.
18.2.3. The User’s infringement or misappropriation of any intellectual property or proprietary rights of third parties in relation to the use of the RSB Academy.
18.2.4. Any act or omission of the User that causes harm, damage or disruption to RSB, the RSB Academy platform or other Users.
18.3. Any indemnity provision under these Terms and Conditions will survive the termination or expiration of these Terms and Conditions.
18.4. The User acknowledges that it has not entered into these Terms and Conditions and any documents entered into pursuant to them in reliance on, and shall have no remedies in respect of, any representation or warranty that is not expressly set out in the Terms and Conditions. The User shall have no claim for innocent or negligent misrepresentation on the basis of any statement in the Terms and Conditions.
18.5. While RSB will take reasonable steps to mitigate risks related to the operation of the RSB Academy platform, the User acknowledges that the User is responsible for securing their own insurance coverage as necessary for the protection of their interests in connection with the use of the RSB Academy.
19. Confidentiality
19.1. For the purposes of these Terms and Conditions, “Confidential Information” includes all information shared by either Party during the course of using the RSB Academy that is not publicly available and that is designated as confidential, or that should reasonably be understood to be confidential under the circumstances. This includes, without limitation:
19.1.1. Personal data, account information and other registration details provided by the User.
19.1.2. Course materials, training modules, content and any other intellectual property created or provided by RSB.
19.1.3. Any communication or information designated as confidential by either Party in writing or verbally at the time of disclosure.
19.2. Both RSB and the User shall keep confidential each other’s Confidential Information and shall only use the same as required to perform these Terms and Conditions, where applicable. The obligation of confidentiality under this Section applies to the User with respect to any Confidential Information they may eventually have access to through the use (or misuse) of the RSB Academy from related third parties.
19.3. Confidential Information will be used solely for the purpose of engaging with the RSB Academy platform and fulfilling the respective obligations under these Terms and Conditions. Any processing of Confidential Information under these Terms and Conditions will require the implementation of reasonable measures to protect the confidentiality of such information, which measures should be no less than those the Party would use to protect its own Confidential Information.
19.4. The provisions of this clause shall not apply to:
19.4.1. Any information which was in the public domain at the date of entry into force of the Agreement;
19.4.2. Any information which comes into the public domain subsequently other than as a consequence of any breach of the Agreement;
19.4.3. Any information which is independently developed by the User without using information supplied by the RSB; or
19.4.4. Any disclosure required by law or a regulatory authority provided the User so notifies RSB without undue delay.
19.5. Information about individuals and organisations held within the RSB Academy is held confidentially and will only be used by RSB to provide services within the RSB Academy.
19.6. Any information of commercial or sensitive nature as per the User’s reasonable understanding shall be treated as Confidential Information by both Parties. Save in case of disclosure required under the applicable laws and regulations, or by requirement of the relevant authorities, disclosure of such information requires prior written consent of the relevant Party.
19.7. This Section shall survive the termination of the Agreement and last for five (“5”) years from the termination date.
20. Processing of personal data
20.1. RSB respects the RSB Academy Users’ privacy and is committed to protecting their personal data. By using the RSB Academy platform, the User consents to the collection, use and processing of their personal data as described in this clause, in the RSB Privacy Policy (part of this Agreement) and in accordance with all applicable data protection laws, including the General Data Protection Regulation (GDPR) if applicable.
20.2. RSB uses third-party services to support the operation of the RSB Academy. The third-party services providers have access to the Users’ personal data solely for the purpose of performing services on behalf of RSB, and they are required to process personal data in compliance with all applicable data protection laws. RSB ensures that these third-party providers meet the required standards for the protection of personal data.
20.3. The personal data collected may include, but is not limited to, the User’s name, contact details, account information, usage data, and any other information the User may provide when registering for or using the RSB Academy. This data will be used to:
20.3.1. Provide you with access to the RSB Academy platform and its content.
20.3.2. Manage your account, including providing customer support, administering your use of the platform, and ensuring proper functioning of the Academy.
20.3.3. Communicate with you about your account, updates, and other relevant information related to the platform.
20.3.4. Comply with legal obligations or other legitimate interests related to the operation of the Academy.
20.4. RSB will implement and maintain technical and organisational measures to protect the personal data against accidental, unauthorised or unlawful destruction, loss, alteration, disclosure or access.
21. Governing Law and Dispute Resolution
21.1. The Parties shall use all reasonable endeavors to reach a good faith negotiated resolution with regards to any dispute arising between the Parties out of or in connection with these Terms and Conditions and the Agreement set forth herein.
21.2. This Agreement, as well as any dispute or claim arising out of, or in connection with it, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of Geneva, Switzerland, without regard to its conflict of laws rules.
21.3. If no resolution is reached after good faith negotiations, either party may choose to commence legal proceedings. The Parties irrevocably agree that the courts of Geneva, Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with the Agreement, its subject matter or formation (including non-contractual disputes or claims).
22. General Provisions
22.1. The rights and remedies provided in the Agreement for RSB are only cumulative and not exclusive of any rights and remedies provided by applicable laws and regulations.
22.2. Unless otherwise provided, time is of the essence of any date or period specified in the Agreement in relation to the User’s obligations only.
22.3. The Parties agree that the Agreement constitutes the entire agreement between them and supersede all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of this subject matter.
22.4. If any provision of these Terms and Conditions (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of the other provisions of the Terms and Conditions shall not be affected.
22.5. No failure, delay or omission by RSB in exercising any right, power or remedy provided by law or under the Terms and Conditions shall operate as a waiver of that right, power or remedy, nor shall it preclude or restrict any future exercise of that or any other right, power or remedy.
22.6. The Parties are independent persons and are not partners, principal and agent or employer and employee and the Terms and Conditions do not establish any joint venture, trust, fiduciary or other relationship between them, other than the contractual relationship expressly provided for in it. None of the Parties shall have nor shall represent that they have, any authority to make commitments on the other Party’s behalf.
.
.