Terms of Use for OLEFAschool,  a service offered by EducDesign SA, Bettembourg, Luxembourg

1. Acceptance of terms

The following are terms of a legal agreement between you and EducDesign SA. By accessing, browsing, or using OLEFAschool, you acknowledge that you have read, understood, and agreed to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use the service. To use OLEFAschool, you must be legally competent to enter a binding agreement.

2. Object

OLEFAschool is a service that allows consulting and writing free and commercial online courses. Besides, it serves as a community platform for all schools using the OLEFA technology. You'll find news, statistics, direct links to schools and to interesting projects.

3. Right of use / pricing

OLEFAschool offers both free and charged services and contents.

The following services and contents are free of charge:
- Registration for standard membership.
- Publishing or consulting free courses.
- Consulting news, project links and statistics about schools using the OLEFA technology.

The following services and contents are subject to a fee:
- Switching from standard to premium membership (which is required for publishing commercial courses).
Note: premium membership is free for teachers and students of schools using the OLEFA technology.
- Consulting commercial courses.

The receipts from commercial courses go in a first step integrally to EducDesign SA, who will also pay the respective VAT to the State of Luxembourg and will take care of the transaction fees (PayPal). A commission will be credited to the course owner's OLEFAschool user account. (The amount of this commission varies according to the defined course price. It will be calculated in advance and clearly communicated to the course editor during the configuration of the course.)

When credits for a total value of at least 25 Euro have been accumulated for a specific user account, its owner can request a transfer to a paypal account. (Please note that a paypal account will be required for the money transfer.) It is the responsibility of the user, as defined by the applicable laws in the respective country, to declare the receipts in view of the tax on profits.

The modalities on how the commission is calculated may need to be adapted later on (due to changes of hosting costs, transaction fees...). Such a change will be announced two weeks in advance on this page. It will not affect the amount that has already been credited to the user account.

4. Usage modalities

The OLEFAschool user who has filled out the initial registration form is considered as contract partner, license taker and is responsible for the contents of his published courses and the compliance to these terms of use.

OLEFAschool user accounts are strictly personal. It is not allowed to share the access data with other persons.

Users who publish courses on OLEFAschool assure that they own the entire copyright of any published contents, including texts, images and other media files.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify EducDesign SA.

The placement and spreading of any material that violates Luxembourg’s laws, and especially the penal laws, are strictly forbidden. You agree not to post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, pornographic, deceptive, misleading, deceitful, mis-informative or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

If a user breaks these conditions, the user account and all published courses will be deleted without prior notice and with the loss of all related data. The license taker commits himself to indemnify EducDesign SA against all damage claims from third parties that are lead back to inappropriate usage of OLEFAschool.

The copyright of the course content stays with the author. You may not copy, share, publish or sell contents, neither integrally nor partly without the explicit authorization of the owner. The owner preservers the right to prosecute copyright violations by the applicable laws.

EducDesign SA cannot be made responsible for illegally shared course contents by OLEFAschool users, or for illegally shared access data between OLEFAschool users that have bought access to commercial courses. If OLEFAschool account data is found circulating publicly on the Internet, the respective accounts will be deleted immediately and without prior notice.

Documents can be printed out or saved exclusively for personal use.

EducDesign SA cannot guarantee that commercial courses fulfill any quality expectations or that there is a concordance between the abstract and the actual course contents.

Nevertheless, EducDesign SA preserves the right to switch courses that are considered of poor quality or that may harm the image of OLEFAschool to unpublished. Empty (or almost empty) courses may be deleted in order to avoid “zombie” courses.

If EducDesign SA notices that OLEFAschool is used to send mass or publicity mails, the user account and all related data will be deleted. EducDesign SA preserves the right to seek damages.

EducDesign SA preserves the right to place advertising banners, sponsoring notes and any other own or external advertising material on any spot inside the offered services, including mails sent over the OLEFAschool system.

5. Availability / warranties

EducDesign SA explores OLEFAschool with reasonable diligence and reliability.   We make no warranty that OLEFAschool will be uninterrupted, secure or error-free. We aim for a permanent availability, but the user acknowledges that due to technical reasons and to external dependences (for example the communication network) an uninterrupted service cannot be granted. Temporary access restrictions do neither lead to compensation claims nor do they imply the right for extraordinary cancellation.

In addition to external causes that are beyond its sphere of influence, EducDesign SA especially preserves the right for temporary or long-term access restrictions, in particular for the following reasons:
- transitional suspension of OLEFAschool in order to implement new features, technical ameliorations or bug fixes.
- rearrangement / confinement of the usage possibilities defined under #2 of these Terms of Use.
- rearrangement / confinement of the right of use defined under #3 of these Terms of Use.

 In the case of a permanent access restriction an entitlement to cost diminution or extraordinary cancellation is only given if the restriction covers fundamental rights and obligations according to the applicable legal situation that would risk compromising the purpose of the contract.   IN NO EVENT WILL EDUCDESIGN SA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL INFORMATION IS PROVIDED BY EDUCDESIGN SA ON AN "AS IS" BASIS ONLY. EDUCDESIGN SA PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.

6. Place of fulfillment, applicable law, jurisdiction

The City of Bettembourg in the Grand-Duchy of Luxembourg is considered as the place of fulfillment. The Luxembourgish law is exclusively applicable. Luxembourg is the applicable jurisdiction for all disputes in direct or indirect relation to the OLEFAschool service.