The following terms and conditions (“Terms & Conditions”) govern all the use of the Biobest Academy Learning platform (the “Platform”) between Biobest and customer (“You”).

By completing the registration process or by the use of the Platform in any manner, including visiting, accessing, browsing, linking to, You declare that You are eligible for an account and that You agree to be bound by all of the Terms & Conditions. Your use of the Platform is subject to your acceptance and compliance with the Terms & Conditions, policies, notices and disclaimers in these Terms & Conditions.

If You do not agree to be bound by or cannot follow these Terms & Conditions (in part or in whole), then You should not browse or access the Platform or create an account.

1. Definitions

• “Account” means Your personal information to access and use the Platform.      
• “Biobest” means Biobest Group NV and all of its subsidiaries. 
• “Platform” means the Biobest Academy Learning Platform, including the related software, applications, websites and the offered trainings in all possible formats.
• ”Training materials” means all educational and training material or other information provided by Biobest through the Platform.

2. Use of the platform, Account, Password and security

To register for the Platform, You must complete the registration process by providing Biobest with current, complete and accurate information, including Your e-mail address (username) and password. We recommend strongly keeping this data up-to-date, which will allow us to provide you a personalized and high quality service

It is prohibited to:

• create a false identity on the Platform, misrepresent your identity, create a profile for anyone other than yourself or use or attempt to use another’s Account;
• develop support or use software; devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Platform or otherwise copy profiles and other data from the Platform;
• Override any security feature or bypass or circumvent any access controls or use limits of the Platform;
• Copy, use, disclose or distribute any information obtained from the Platform, whether directly or through third parties (such as search engines), without the consent of Biobest;
• Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer);
• Violate the intellectual property rights of Biobest, including copyrights, patents, trademarks, trade secrets or other proprietary rights;
• Violate the intellectual property or other rights of Biobest, including, without limitation, by copying or distributing our learning videos or other materials ;
• Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform, without Biobest’s consent;
• Use bots or other automated methods to access the Platform, add or download content;
• Monitor the Platform’ availability, performance or functionality for any competitive purpose;
• Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform;

You are responsible for maintaining control over access to Your Account (including the confidentially of your password). You are solely responsible for any and all activities that occur under Your Account, whether authorised by You or not, and You must notify Biobest immediately in case of any suspected, threatened or actual unauthorised use of Your Account or any other breach of security.

3. FEES

The Platform offers free and paid course on the Platform to You. A paid course becomes available on the Platform to You after You buy this course. The courses can be bought via the Biobest Academy Store.

When buying a course Biobest grants You the right to take the course on the Platform, it doesn’t transfer any other rights to you.

If the course you purchased is not what you were expecting, you can request, within 14 days of your purchase of the course, that Biobest applies a refund to your account. If Biobest believes You are abusing the refund policy, such as if You have consumed at least 30% of a course that You want to refund or if You’ve previously refunded multiple courses, we reserve the right to deny Your refund, ban your account, and/or restrict all future use of the Platform. If we ban your account or disable your access to a course due to Your violation of these Terms, you will not be eligible to receive a refund.

4. Disclaimer of Warranties

Biobest Academy courses are meant to give information about Integrated Pest Management in general and about certain products and product categories as commercialized by Biobest. Most countries (or states, provinces and other geographical entities) have specific regulations in place about required qualifications and/or certifications in order to use, apply, recommend, sell or give advice in connection with plant protection products and/or products for integrated pest management in general. The Biobest Academy course does not lead to any such formal qualification or certification. The Biobest Academy may further provide information with regard to certain products or practices which are not authorized in the geographic area of each individual user. The user undertakes to respect all applicable regulations when engaging in any activity in connection with integrated pest management and/or plant protection products.

The Platform is provided “as is”. Biobest does not make any warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, quality, suitability or non-infringement. Biobest or its suppliers may make improvements or changes, from time to time, in the Platform or software at any time, with or without notice. Biobest does not warrant that Your use of the Platform will be uninterrupted or error-free. Biobest shall not be liable for delays, interruptions, website failures or other problems inherent in use of the internet and electronic communications or other systems outside Biobest’s reasonable control.

The Platform is accessed and used at Your own discretion and risk. Biobest shall not be responsible for any damage caused to Your computer or data or for any bugs, viruses or other destructive code resulting from access to or use of the Platform.

5. Limitation of liability

You acknowledge and agree that in no event shall Biobest be liable in any way, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

• any claim, loss or damage, which may be incurred by you as a result of, or in connection with your use of, the Platform and/or any third party content;
• any special, indirect, incidental or consequential loss or damages (including, without limitation, legal fees); or
• any direct or indirect loss or damages whatsoever resulting from loss of use, data or profits, arising out of or in connection with your access to, use of, or inability to access or use any of the Platform, or performance of software, documents, provision of or failure to provide Platform, or information available from the Platform,

6. Ownership and Intellectual property rights

All Training Material is owned by Biobest as well as all intellectual property rights in all Training Material available, including the design, graphics, texts, audio, video, podcasts and recordings of webinars.

When You are given access to the Training Material, You are granted a non-exclusive, non-transferable, revocable licence to use the Training Material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way (in whole or in part), without Biobest’s prior consent. Any such use is strictly prohibited and shall constitute an infringement of Biobest’s intellectual property rights.

7. Indemnification

You agree to defend, indemnify and hold harmless Biobest from and against any claims, actions or demands, including, reasonable legal and professional service fees, arising or resulting from Your breach of these Terms & Conditions, or Your access to, use, misuse or illegal use of the Platform or violations of applicable laws, rules or regulations in connection with the Platform. In such case, Biobest will provide You with a written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defence of any claim. Biobest reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You.

8. Cancellation

You may cancel Your Account at any time by ceasing to access or use the Platform or by otherwise following any instructions that we provide to You for cancelling Your Account.

Biobest may suspend or cancel Your Account, or limit Your access to the Platform at any time, including if:

• Biobest determines that You have breached, or are acting in breach of these Terms & conditions; or
• Biobest determines that You have infringed Biobest’s intellectual property rights; or
• Biobest determines that You have engaged, or are engaging in fraudulent or illegal activities; or
• You do not respond to or complete any account verification request.

9. Data Privacy 

We collect certain data from you directly, like information you enter yourself and data about your participation in courses. We also collect some data automatically, like information about your device and what parts of our Platform you interact with or spend time using.

We use your data to tailor our offering of the Platform to you, communicate with you, troubleshoot issues, secure against fraud and abuse, improve and update our Platform, and analyse how people use our Platform, including

• Provide and administer the Platform, including to facilitate course participation, issue course completion certificates, display customized content, and facilitate communication with other users;
• Process your requests and orders for courses, products, specific Platform, information, or features;
• Communicate with you about your account by:
  • Responding to your questions and concerns;
  • Sending you administrative messages and information, including messages from instructors, students, and teaching assistants; notifications about changes to our Service; and updates to our agreements;
  • Sending you information, such as by email or text messages, about your progress in courses, rewards programs, new Platform, new features, promotions, newsletters, and other available courses (which you can opt out of at any time);
• Manage your account and account preferences;
• Facilitate the Platform’ technical functioning, including troubleshooting and resolving issues, securing the Platform, and preventing fraud and abuse;
• Solicit feedback from Learners;
• Improve our Platform and develop new products, Platform, and features;
• Analyse trends and traffic, track purchases, and track usage data;
• As Biobest, otherwise determines to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Platform.

Biobest shares certain data about you with instructors or teaching assistants for Trainings you enroll in or request information about, so they can improve their Trainings for you and other students.

Biobest shares certain data about you within the Biobest organisation in order to improve our overall service to you.

Biobest may share your data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, we can share data in other ways if it is aggregated or de-identified or if we get your consent.

10. Governing Law

These Terms & Conditions shall be governed by and construed in accordance with the laws of Belgium. Any dispute or claim arising out of or in connection with these Terms & Conditions or the performance, breach or termination thereof shall be finally settled by the competent Belgium courts.