COURSEWARE MARKETPLACE TERMS AND CONDITIONS

Last Updated: December 2018

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS

courseware-marketplace.com is a website operated by Arvato Distribution, a company incorporated under the laws of Germany whose principal place of business is at Benzstrasse 5-7, 33442 Herzebrock-Clarholz, Germany whose registered office is Gottlieb-Daimler-Str. 1, Harsewinkel, Commercial Register: Amtsgericht Gütersloh HRB 2200. We have been appointed by Microsoft as an authorized reseller for the Products. Our VAT number is DE811147844.

This page (together with the documents referred to on it) tells you the terms and conditions on which you may use the Marketplace and on which we supply any of the Products listed on our website courseware-marketplace.com to you. Please read these terms and conditions carefully before ordering any Products from the Marketplace. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

Please accept these terms and conditions at the end of the checkout page. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the Arvato Courseware Marketplace.

You should print a copy of these terms and conditions for future reference.

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1. TERMS USED IN THIS AGREEMENT

In this agreement the following terms shall mean:

  • "Arvato", "we" or "us" means Arvato Distribution, its employees, subcontractors and/or other companies which are appointed by Arvato to provide services in relation to the Marketplace operated by Arvato;
  • "E-book" means a publication in digital form, consisting of text, images, or both, readable on computers, mobile phones, E-book readers or other electronic devices ("Reading Devices").
  • "EULA" means the end user license agreement applicable to you when using an E-book or Goods for your own purpose and/or your customer who purchased an E-book or Goods from you
  • "Goods" means physical products such as (but not limited to) books, manuals or software on physical media;
  • "Reader Platform" means the platform provided by Arvato where E-books can be accessed or downloaded to a Reading Device by using a Redemption Code subject to the terms and conditions applying to the Platform Reader and after registration at the platform;
  • "Product" is any product offered in the Marketplace consisting of either an E-book, a Voucher, or Goods which may be purchased from the Marketplace operated by Arvato; and
  • "Redemption Code" means a product activation code which can be used by you and/or your customers for the release and activation of an individual copy of an encrypted digital product such as an E-book including its license terms on the Platform Reader;
  • "Marketplace" means the Arvato Courseware Marketplace courseware-marketplace.com
  • "Voucher" means the coded certification exam voucher required to register for a Microsoft certification exam at an Authorized Testing Center. Certification exam vouchers provide a more streamlined way to take an exam and enable users to eliminate administrative tasks and time constraints. Each Voucher is encoded with information about the testing program and the region for which it is valid, the expiration date and other terms and conditions for its use.
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2. AVAILABILITY

  • 2.1 The Marketplace is only intended for use by customers registered via the Microsoft Partner Network, Microsoft Imagine Academy program, Microsoft Certified Trainer, Microsoft employees or employees of a Microsoft affiliate or authorized parties with access to the Marketplace purchasing Products as a business for commercial purposes, including the resale of Products to end customers.
  • 2.2 By ordering Products from the Marketplace, you warrant that:
  • 2.2.1 You are legally capable of entering into binding contracts; and
  • 2.2.2 You have been approved by Microsoft as registered user at the Microsoft Partner Network, Microsoft Imagine Academy program, Microsoft Certified Trainer, if you are an employee or employee of a Microsoft affiliate or have been authorized to have access to the Marketplace by Microsoft in any other way; and
  • 2.2.3 You guarantee that any of your customers who purchase and are supplied with E-books or Goods has been made aware of and is bound by the applicable EULA.
  • 2.3 Access to the Marketplace is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products we provide via the Marketplace without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to the Marketplace. We will not be liable to you if for any reason the Marketplace is temporarily unavailable at any time or for any period.
  • 2.4 From time to time, we may restrict access to some or all parts of the Marketplace.
  • 2.5 If you choose, or you are provided with, a Microsoft Partner Network account including user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user name and/or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
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3. USING THE MARKETPLACE

  • 3.1 To use the Marketplace you need to be an approved party according to 2.2.2 and log in to the site using a username and password.
  • 3.2 Please log into the Marketplace and browse the shop. To order items simply click the shopping cart icon to add the Product to your shopping cart. Once you have finished shopping, please click on the shopping cart icon in the top right hand corner of the screen. Please click on the button marked "Purchase now" and follow the instructions on screen to complete your order.
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4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  • 4.1 Any contract for the purchase of Products from the Marketplace will be concluded with Arvato Distribution (Benzstrasse 5-7, 33442 Herzebrock-Clarholz- Germany), an independent reseller of Microsoft products.
  • 4.2 After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) the Redemption Code or (b) the physical product to you. The contract between us (the "Contract") will only be formed when you receive the goods or receive the Redemption Code.
  • 4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
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5. AVAILABILITY AND PRODUCT DELIVERY

  • 5.1 We aim to update the Marketplace regularly, and may change the content at any time. If the need arises, we may suspend access to the Marketplace, or close it indefinitely. Any of the material on the Marketplace may be out of date at any given time, and we are under no obligation to update such material.
  • 5.2 Although we endeavor to ensure the availability of the Products shown in the Marketplace, we cannot guarantee that all of the Products will be in stock or available when you place your order. If we are unable to process or execute your order, we shall contact you:
  • 5.2.1 to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
  • 5.2.2 to notify you that we are unable to fulfill the order.

If you reject our offer of an alternative Product and we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).

  • 5.3 Your order will be fulfilled within 30 days of the date of the Order Confirmation, unless exceptional circumstances prevent delivery. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
  • 5.4 Products sold in the Marketplace are delivered to you by electronic transfer when activating the Redemption Code if you have purchased an E-book or by post or courier if you have ordered Goods.
  • 5.5 We deliver E-books to you by providing you with a Redemption Code. For security reasons, reclaiming the E-book with the Redemption Code provided is possible only through the personal and protected account area when you or your customers are logged into the Platform Reader using a dedicated username and password.
  • 5.6 The Redemption Codes you have purchased will be available for activation on the Platform Reader for six months following the date of the Order Confirmation after which the relevant Redemption Code will be deactivated. Once the customer has registered and logged in at the Platform Reader and has claimed an E-Book using the Redemption Code, such E-book can be transferred by this customer by way of download or accessed online to a maximum of three different Reading Devices for simultaneous use. Online access will be available during six months from the time the Redemption Code has been used for the first time to activate access to an E-book. The customer may also print an E-Book that is still accessible any time from the downloaded version or when accessing the E-book online.
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6. SPECIFIC TERMS REGARDING MICROSOFT CERTIFICATION VOUCHERS

  • 6.1 Each Voucher is encoded with information about the testing program for which it is valid, the region for which they were purchased, the expiration date and other terms and conditions for its use. Vouchers are program specific and, in some cases, exam specific. Please ensure you order the Voucher for the correct exam. Vouchers are not transferable between programs and are not returnable or refundable.
  • 6.2 Any resale and/or transfer of Vouchers is expressly prohibited. If altered in any way a Voucher will become void.
  • 6.3 Each Voucher may be redeemed only once by registering for an exam and only at an Authorized Testing Center (ATC) and for the testing program for which they were purchased. Vouchers can only be redeemed in the region from which they were purchased. Vouchers may not be applied to exams that have already been taken by the test candidate.
  • 6.3.1 For Pearson VUE Vouchers, registration by the test candidate is accomplished by first creating a profile at www.microsoft.com/learning. VUE exams can then be scheduled online from microsoft.com/learning or directly from a Pearson VUE Test or Call Center.
  • 6.3.2 Prometric Vouchers purchased from Courseware Marketplace prior to 5 September 2014 that have not expired, are redeemable at Pearson VUE. See 6.3.1 for details on redeeming vouchers with Pearson VUE.
  • 6.4 Microsoft candidates will need to reschedule or cancel an exam appointment at least one full business day (24 hours) before the appointment. Cancelling an exam less than 24 hours before scheduled exam or not arriving for a scheduled appointment is considered a “no-show” and is subject to forfeit of the full exam fee. Microsoft candidates may reschedule or cancel their appointments by calling the Pearson VUE call center, contacting the test center where the appointment was scheduled, or accessing the Microsoft Learning website and choosing the cancel action. All registrations with accommodations must be rescheduled or cancelled through the call center.
  • 6.5 Vouchers may not be redeemed for cash, credit, or refunds.
  • 6.6 Vouchers have an expiration date ("Order End Date"). Test candidates must redeem the Voucher and the exam must be taken prior to the Order End Date or the Voucher will become invalid. Expiration dates are 12 months from order date unless specified otherwise. Once a Voucher has expired, or has been used to register for an exam where a candidate does not show up for the exam, it cannot be extended or reinstated and the fee paid is forfeited.
  • 6.7 The Microsoft Exam Replay includes one (1) Microsoft Certification (MCP) exam voucher + one (1) retake, if necessary. Microsoft Exam Replay with Practice Test includes one (1) Microsoft Certification (MCP)
  • 6.7.1 The Exam Replay Voucher entitles the user to one (1) exam retake for each Exam Replay.
  • 6.7.2 The Exam retakes in the Exam Retake are limited to the same exam associated with the initial voucher and must be taken by the same individual who took the initial exam
  • 6.7.3 The Exam Replay Voucher includes discount pricing for combination purchases of Microsoft Exam Replay Voucher, a Microsoft Official Practice test voucher, and up to one (1) MCP exam retakes if you fail to pass the MCP exam. Exact pricing varies by region.
  • 6.7.4 Exam (including the retake) must be scheduled and taken within one year of purchase.
  • 6.8 The exam retakes in the Exam Replay, the Booster Pack and MPN Competency Pack offer is a benefit and has no cash value.
  • 6.9 Individuals must wait at least one day after failing an exam before registering for their exam retake.
  • 6.10 Beta exams can only be taken once, and do not qualify for the Booster Pack or MPN Competency Pack offer.
  • 6.11 Retake exam appointment availability is limited to capacity at Pearson VUE Testing Centers or online proctors.
  • 6.12 All retake timeframes are subject to compliance with the Microsoft Certification exam retake policies .
  • 6.13 You warrant that you will communicate all terms and conditions applicable to the Vouchers to anyone to whom you supply the Vouchers to and that you will further communicate to such person that they have to provide the Voucher codes when registering to take an exam. Test candidates who have contacted the ATC and are having problems redeeming Vouchers due to a lack of understanding of the terms of their use shall refer back to you for problem resolution.
  • 6.14 You warrant that you distribute each voucher code only once.
  • 6.15 Vouchers are just like cash. You should safeguard them and are responsible for tracking their issuance to test candidates. Microsoft, Pearson VUE and the ATC are not responsible for lost or stolen vouchers or voucher numbers. Expired, stolen or lost vouchers will not be replaced. Pearson VUE and/or Arvato do not provide redemption information to you.
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7. SPECIFIC TERMS REGARDING MICROSOFT COURSE CERTIFICATION VOUCHERS

Each Microsoft Course Certificate Voucher is encoded with the region from which the Microsoft Certificate Voucher was purchased, the expiration date and other terms and conditions for its use. By purchasing a voucher, you agree to be bound by the following terms and conditions. If you do not agree, do not purchase a Microsoft Certificate Voucher.

  • 7.1 Microsoft Course Certificate Vouchers are not returnable or refundable.
  • 7.2 Microsoft Course Certificate Vouchers are void, if altered in any way.
  • 7.3 Each voucher code may only be used once and only for the eligible Microsoft Online courses designated by Microsoft.
  • 7.4 You will assign one unique code to each Microsoft Course Certificate Vouchers and will track your distribution of 7.5 voucher codes to ensure each code is only used and distributed once.
  • 7.6 You are responsible for keeping the Microsoft Course Certificate Vouchers and voucher codes in a secure place to ensure they are not copied or misappropriated.
  • 7.7 Microsoft and arvato are not responsible for lost or stolen Microsoft Certificate Vouchers or voucher codes.
  • 7.8 Expired, stolen or lost Microsoft Course Certificate Vouchers or voucher codes will not be replaced.
  • 7.9 Any resale of Microsoft Course Certificate Vouchers or voucher codes as a standalone product is expressly prohibited.
  • 7.10 Microsoft Course Certificate Vouchers and voucher codes may not be redeemed for cash, credit, or refunds.
  • 7.11 Microsoft Course Certificate Vouchers may only be distributed to and redeemed by individuals attending your training sessions teaching MOOC.
  • 7.12 Microsoft Certificate Voucher code expire twelve months from the date you purchased the code. You will insert the day/month/year the voucher will expire on all Microsoft Course Certificate Vouchers prior to distribution.
  • 7.13 You will include the following terms and conditions whenever you distribute Microsoft Certificate Vouchers:
  • 7.13.1 This Microsoft Course Certificate Voucher expires on DAY/MONTH/YEAR (see expiration dates of courses in the “my Account” section). You must successfully complete the Microsoft online course and request the course completion certificate prior to the voucher expiration date. Expiration dates will not be extended under any circumstances.
  • 7.13.2 Voucher can only be used once.
  • 7.13.3 Voucher may not be redeemed for cash, credit, or refunds.
  • 7.13.4 Expired, stolen or lost vouchers will not be replaced.
  • 7.13.5 Any sale or transfer of this voucher is expressly prohibited.
  • 7.13.6 Voucher is nontransferable and void if altered in any way.
  • 7.13.7 Microsoft and its distributors/resellers are not responsible for lost or stolen CC vouchers or voucher codes.
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8. SPECIFIC TERMS REGARDING LINUX CERTIFICATION VOUCHERS

By purchasing an Exam Voucher, you agree to be bound by the following terms and conditions. If you do not agree, do not purchase an Exam Voucher.

  • 8.1. Each voucher is encoded with information about the testing program for which it is valid, the exam delivery provider (“EDP”), the region from which the voucher was purchased, the expiration date and other terms and conditions for its use. Vouchers are EDP and program specific and, in some cases, exam specific. Please ensure you order the Voucher for the correct exam and EDP. Vouchers are not transferable between programs or EDPs and are not returnable or refundable. Vouchers are void, if altered in any way.
  • 8.2. Each Exam Voucher code may only be used once. You will assign one unique code to each Exam Voucher and will track your distribution of Exam Voucher codes to ensure each Exam Voucher code is only distributed and used once.
  • 8.3. You are responsible for keeping the Exam Vouchers in a secure place and ensuring Exam Voucher codes are not copied or misappropriated.
  • 8.4. All Exam Vouchers will include the expiration date.
  • 8.5. The Linux Foundation, Arvato and the exam delivery provider are not responsible for lost or stolen vouchers or voucher codes.
  • 8.6. Expired, stolen or lost vouchers will not be replaced.
  • 8.7. Test candidates who are having problems redeeming vouchers due to a lack of understanding of the terms of their use will be referred back to you for resolution.
  • 8.8. You will include all of the following terms and conditions to anyone you provide a voucher to:
  • 8.8.1. Voucher will expire on ______ ("Order End Date"). You must redeem the voucher prior to the Order End Date or the voucher will become invalid. We strongly encourage the candidate to redeem the voucher within 1 month of receipt as the candidate will still have 12 months to complete the exam after redemption. Voucher expiration dates cannot be extended under any circumstances.
  • 8.8.2. Each voucher may only be used once.
  • 8.8.3. Each voucher may be redeemed by registering to take one Linux Certification exam, at the exam delivery provider (“EDP”) specified on the voucher and only for the testing program, and in some cases, the specific exam for which the voucher was purchased.
  • 8.8.4. Voucher can only be redeemed in the region from which it was purchased and only at the EDP indicated on the voucher.
  • 8.8.5. You can register to take an exam by calling the registration number for the applicable testing program or by accessing the EDP’s registration and scheduling services. You must provide the voucher code when registering to take an exam.
  • 8.8.6. Vouchers are not transferable between EDPs, programs or exams.
  • 8.8.7. Vouchers are not returnable or refundable and are void if altered.
  • 8.8.9. Vouchers may not be redeemed for cash, credit, or refunds.
  • 8.8.10. Vouchers may not be combined with other vouchers or discounts.
  • 8.8.11. Expired, stolen or lost vouchers will not be replaced.
  • 8.8.12. Any resale or transfer of this voucher is expressly prohibited.
  • 8.8.13. The Linux Foundation, Arvato and the EDP are not responsible for lost or stolen vouchers or voucher numbers.
  • 8.8.14. Rescheduling or cancelling your appointment to take an exam may be possible by contacting the EDP. A rescheduling fee may apply for individuals who reschedule or cancel their appointment to take an exam 15 or fewer days before the scheduled date.
  • 8.8.15. Individuals that cancel or reschedule their appointment to take an exam seventy-two hours or less from the scheduled time may forfeit their exam voucher (voucher cannot be used again).
  • 8.8.16. Individuals that fail to show up for their scheduled exam appointment may forfeit their exam voucher (voucher cannot be used again).
  • 8.8.17. In the event you have an unexpired, unredeemed voucher for an EDP that is no longer delivering Linux Certification exams, please contact support for your particular country at the Courseware Marketplace https://shop.courseware-marketplace.com/shop/en-GB/Content/contact .
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9. SPECIFIC TERMS REGARDING 3rd PARTY ONLINE LABS FOR MICROSOFT COURSEWARE

  • 9.1 Purchasing a 3rd Party Online Lab does not guarantee the lab for Microsoft Courseware will be available on any given date or time. It is recommended that you schedule your lab at Authorized Lab Hoster (ALH) website prior to your training session.
  • 9.2 3rd Party Online Labs may be purchased only by active Microsoft Partner Network (MPN) Program members, Microsoft Imagine Academy (MSIA), Microsoft FTE, and active Microsoft Certified Trainers (“MCT”). By purchasing a 3rd Party Online Lab, you acknowledge that you currently have active status in one of the specified groups above and you agree to be bound by the following terms and conditions. If you do not agree, do not purchase a 3rd Party Online Lab.
  • 9.2.1 Each 3rd Party Online Lab is for a particular lab for Microsoft Courseware located at a specified website. 3rd Party Online Labs may only be purchased in conjunction with the Microsoft Official Course (“MOC”) title associated with the lab and may not be sold or accessed on a standalone basis. A 3rd Party Online Lab may only be redeemed at the ALH website specified, redeemed by one (1) individual teaching or attending the associated Training Session to obtain online access to and use of the specific 3rd Party Online Labs for Microsoft Courseware via the website.
  • 9.2.2 You will communicate all terms and conditions applicable to the 3rd Party Online Labs for Microsoft Courseware to anyone you provide access to.
  • 9.2.3 ALH may provide 3rd Party Online Labs designated for MCTs for the purpose of preparing for any available training session.
  • 9.2.4 ALH may provide the MCT with 3rd Party Online Labs for Microsoft Courseware access provided that the MCT is a current and active MCT.
  • 9.2.5 ALH will only provide 3rd Party Online Labs for Microsoft Courseware solely to individuals attending your Training Session solely for their personal training use and to perform the hands-on lab exercises (”Students”).
  • 9.2.6 ALH will provide Students with labs on the first day of the Training Session. Their access to the hosted lab will automatically expire in accordance with the ALH’s access policies.
  • 9.2.7 You will track your distribution of 3rd Party Online Lab to ensure that each 3rd Party Online Lab is only dstributed once and is only distributed in accordance with these terms and conditions.
  • 9.2.8 You must have an active account at the ALH website specified for the 3rd Party Online Lab and redeem your 3rd Party Online Lab for Microsoft Courseware with the specified ALH.
  • 9.2.9 End users may need to have an active account at the ALH website to activate a 3rd Party Online Lab for Microsoft Courseware.
  • 9.2.10 3rd Party Online Labs for Microsoft Courseware have expiration dates.
  • 9.2.10.1 3rd Party Online Labs must be redeemed and the 3rd Party Online Labs for Microsoft Courseware activated by MCTs no later than the first day of the Training Session and by Students on the first day of the Training Session.
  • 9.2.10.2 All 3rd Party Online Labs for Microsoft Courseware associated with a particular Training Session will be deemed activated the first day of that Training Session.
  • 9.2.11 Microsoft and its resellers are not responsible for lost or stolen lab accounts.
  • 9.2.12 3rd Party Online Labs for Microsoft Courseware may not be redeemed for cash, credit, or refunds and are void if altered in any way.
  • 9.2.13 3rd Party Online Labs for Microsoft Courseware can only be redeemed for lab associated with the MOC title and only at the ALH website referenced at purchase.
  • 9.2.14 The number of hosted 3rd Party Online Labs for Microsoft Courseware in the Shopping Cart will be automatically increased with any MOC you add to the Shopping Cart. In case that you wish to reduce the number of labs you can manually reduce such number in the Shopping Cart.
  • 9.2.15 MCTs who were not provided a lab for a class-teach and Microsoft Full-Time employees may purchase a lab provided they agree to not transfer or share the subscription and agree to use the 3rd Party Online Lab for Microsoft Courseware solely for their personal education.
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10. SPECIFIC TERMS REGARDING XAMARIN UNIVERSITY VOUCHERS

By purchasing a XAMARIN University voucher, you acknowledge and agree that your use of the XAMARIN University voucher will be compliant with the following terms and conditions. If you do not agree, do not purchase a XAMARIN University voucher.

  • 10.1 You must be a Microsoft Partner Network program member in good standing to redeem a XAMARIN University voucher.
  • 10.2 Members of the Microsoft Partner Network must be certified Xamarin University trainers in order to purchase XAMARIN University vouchers.
  • 10.3 You must have an active Xamarin Certified Developer status with Xamarin University in order to deliver any training content or student content obtained with the Xamarin University voucher.
  • 10.4 Each XAMARIN University voucher may be redeemed for one (1) Xamarin University course per student.
  • 10.5 The XAMARIN University voucher may only be purchased from Courseware Marketplace and redeemed once from https://university.xamarin.com/redeem.
  • 10.6 XAMARIN University vouchers expire twelve (12) months from date of purchase and are invalid once expired. XAMARIN University vouchers expiration dates cannot be extended under any circumstances.
  • 10.7 XAMARIN University vouchers are nontransferable.
  • 10.8 All XAMARIN University vouchers sales are final.
  • 10.9 XAMARIN University vouchers may not be redeemed for cash, credit or refunds.
  • 10.10 Expired, stolen or lost XAMARIN University vouchers will not be replaced.
  • 10.11 Any resale or transfer of a XAMARIN University vouchers is expressly prohibited except for purchases of XAMARIN University vouchers by a certified Xamarin University Training Partner for a member of the Microsoft Partner Network.
  • 10.12 Microsoft may restrict any MPN ability to obtain XAMARIN University vouchers if Microsoft suspects Partner is not compliant with any of these terms and conditions.
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11. SPECIFIC TERMS REGARDING MICROSOFT LEARNING PRODUCT VOUCHERS FOR DMOC (“DMOCV”) AND MICROSOFT LEARNING PRODUCT VOUCHERS FOR MICROSOFT MOC On-Demand (“MODV”)

By purchasing a DMOCV/MODV, you acknowledge and agree that your use of the DMOCV/ MODV, will be compliant with the following terms and conditions.  If you do not agree, do not purchase a DMOCV/MODV.

  • 11.1 You must be a Microsoft Partner Network program member in good standing to redeem a DMOCV/ MODV.
  • 11.2 Members of the Microsoft Partner Network who do not hold the Learning Competency need to provide a valid MCT ID in order to purchase DMOCV/MODV.
  • 11.3 For a Learning Partner to purchase DMOCV/MODV for a Microsoft Partner Network Member a valid MPN ID and a valid MCT ID need to be provided.
  • 11.4 Each DMOCV may be redeemed for one (1) digital version of a five-day MOC (excluding MS Dynamic courses).
  • 11.5 Each MODV may be redeemed for one (1) MOC On-Demand course.
  • 11.6 DMOCV/MODV may only be redeemed once and only at Courseware Marketplace.
  • 11.7 DMOCV/MODV expire three (3) months from date of purchase and are invalid once expired. DMOCV/MODV expiration dates cannot be extended under any circumstances.
  • 11.8 DMOCV/MODV are nontransferable.
  • 11.9 All DMOCV/MODV sales are final.
  • 11.10 DMOCV/MODV may not be redeemed for cash, credit or refunds.
  • 11.11 Expired DMOCV/MODV will not be replaced.
  • 11.12 Any resale or transfer of a DMOCV/MODV is expressly prohibited except for purchases of DMOCV/MODV by a Learning Partner for a member of the Microsoft Partner Network.
  • 11.13 DMOCV/MODV purchased on Courseware Marketplace by a Learning Partner for a member of the Microsoft Partner Network will be transferred directly into the Courseware Marketplace account of the MPN member for its sole usage after confirmation by the Learning Partner.
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12. SPECIFIC TERMS REGARDING MICROSOFT AZURE PASS

  • 12.1 By purchasing the Microsoft Official Course (“MOC”) title associated with the Microsoft Azure Pass, you agree to be bound by the following terms and conditions regarding distribution of the Azure Passes. If you do not agree, do not purchase the MOC title.
  • 12.1.1 Azure Passes may only be distributed with the MOC title associated with the Azure Pass and may not be distributed on a standalone basis.
  • 12.1.2 Microsoft Azure Passes may only be distributed to and redeemed by individuals attending your training sessions teaching the MOC title associated with the Azure Pass.
  • 12.1.3 Each Azure Pass may only be distributed once. You will track your distribution of Azure Passes to ensure that each pass is only distributed once in accordance with these terms and conditions.
  • 12.1.4 You are responsible for keeping the Azure Passes in a secure place to ensure they are not copied or misappropriated.
  • 12.1.5 Expired, stolen or lost Azure Passes will not be replaced.
  • 12.1.6 Any resale of Azure Passes is expressly prohibited.
  • 12.1.7 Azure Passes may not be redeemed for cash, credit, or refunds.
  • 12.1.8 You will insert an expiration date that is 90 days from the date the Azure Pass was issued to you on all Azure Passes prior to distribution.
  • 12.1.9 Microsoft may restrict your ability to obtain Azure Passes if Microsoft suspects you are not compliant with any of these terms and conditions.
  • 12.1.10 Microsoft may stop providing free Azure Passes at any time, without notice, for no reason.
  • 12.1.11 You will include the following terms and conditions whenever you distribute Azure Passes to students:
  • 12.1.12.1 Azure Pass will automatically expire 90 days from the date the Azure Pass was issued to you.
  • 12.1.12.2 You may redeem the Azure pass to try Azure for up to thirty (30) days from date of activation, or when the credit limit of the Azure Pass has been reached, whichever comes first.
  • 12.1.12.3 You must have a valid Microsoft account and accept and abide by the Microsoft Azure Pass Trial Agreement to redeem your Azure Pass.
  • 12.1.12.4 You may only use Azure for your personal educational use.
  • 12.1.12.5 You may not sell, transfer, distribute or allow another person to use your Azure Pass.
  • 12.1.12.6 Azure Pass may not be redeemed for cash, credit, or refunds.
  • 12.1.12.7 Expired, stolen or lost passes will not be replaced.
  • 12.1.12.8 Azure Pass is nontransferable and void if altered in any way.
  • 12.1.12.9 Azure Pass may only be used once.
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13. SPECIFIC TERMS REGARDING MICROSOFT OFFICIAL PRACTICE TESTS

By purchasing a Microsoft Official Practice Test (“Practice Test”) voucher, you agree to be bound by the following terms and conditions. If you do not agree, do not purchase a Practice Test voucher.

  • 13.1 Practice Test vouchers cannot be sold or distributed on a standalone basis, they can only be purchased and distributed with a Microsoft Official Course title or Microsoft Certification Exam voucher.
  • 13.2 Any standalone sale or distribution of Practice Test vouchers is expressly prohibited. If you distribute or sell vouchers on a standalone basis, any outstanding vouchers may be canceled and no refunds will be issued.
  • 13.3 Each Practice Test voucher code may only be distributed once. You will track your distribution of codes to ensure each code is only distributed once in accordance with these terms and conditions.
  • 13.4 You are responsible for keeping the Practice Test vouchers in a secure place to ensure voucher codes are not copied or misappropriated.
  • 13.5 Vouchers are not transferable between programs and are not returnable or refundable.
  • 13.6 Vouchers are void if altered in any way.
  • 13.7 Expired, stolen or lost vouchers will not be replaced.
  • 13.8 You will insert an expiration date that is 365 days from the date the Practice Test voucher was issued to you prior to distribution.
  • 13.9 You will communicate all terms and conditions applicable to the voucher to anyone you distribute the voucher to, including the following terms:
  • 13.9.1 Voucher will automatically expire on INSERT DATE/MONTH/YEAR VOUCHER EXPIRES.
  • 13.9.2 One voucher may be redeemed to have online access to one Microsoft Official Practice Test for up-to thirty days.
  • 13.9.3 You must have a valid account with the practice test provider at http://marketplace.measureup.com/web/login.php.
  • 13.9.4 You must register for and access the test before the voucher’s expiration date.
  • 13.9.5 Voucher expiration date will not be extended under any circumstance.
  • 13.9.6 Each voucher may only be used once.
  • 13.9.7 Expired, stolen, or lost vouchers will not be replaced.
  • 13.9.8 Any resale or transfer of this voucher is expressly prohibited.
  • 13.9.9 Voucher is nontransferable and is void if altered in any way.
  • 13.9.10 Voucher may not be redeemed for cash, credit or refunds.
  • 13.9.11 Vouchers are not returnable or refundable and are void if altered.
  • 13.9.12 Voucher number must be provided when registering for the test.
  • 13.9.13 Arvato, its resellers, Microsoft and Practice Test providers are not responsible for lost or stolen vouchers or voucher numbers.
  • 13.9.14 Voucher may only be redeemed in the region from which it was purchased.
  • 13.9.15 To register for a test, visit the http://marketplace.measureup.com/web/login.php.
  • 13.9.16 The voucher number must be provided when registering for the test.
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14. SPECIFIC TERMS REGARDING MCT Enrollment/Renewal Vouchers

By purchasing a Microsoft MCT Enrollment or MCT Renewal voucher, you agree to be bound by the following terms and conditions. If you do not agree, do not purchase a MCT Enrollment or MCT Renewal voucher.

  • 14.1 Each MCT Voucher is encoded with information about the MCT membership type for which it is valid, the region for which it was purchased, the expiration date, and other terms and conditions for its use. Please ensure you order the MCT Voucher for the correct MCT membership type. MCT Vouchers are not transferable and are not returnable or refundable.
  • 14.2 Any resale and/or transfer of MCT Vouchers is expressly prohibited. If altered in any way the MCT Voucher will become void.
  • 14.3 Each MCT Voucher may be redeemed only once by paying for the MCT membership fee for which it was purchased.
  • 14.4 MCT Vouchers may not be redeemed for cash, credit, or refunds.
  • 14.5 MCT Vouchers have an expiration date ("Order End Date"). MCT candidates must redeem the MCT Voucher prior to the Order End Date or the MCT Voucher will become invalid. Expiration dates are 12 months from order date unless specified otherwise. Once a MCT Voucher has expired, or has been used to pay for a MCT membership fee, it cannot be extended or reinstated and the fee paid is forfeited.
  • 14.6 You warrant that you will communicate all terms and conditions applicable to the MCT Vouchers to anyone to whom you supply the MCT Vouchers to and that you will further communicate to such person that they have to provide the Voucher code when paying for the MCT membership fee. MCT candidates who have contacted Microsoft or Arvato and are having problems redeeming MCT Vouchers due to a lack of understanding of the terms of their use shall refer back to you for problem resolution.
  • 14.7 You warrant that you distribute each MCT voucher code only once.
  • 14.8 MCT Vouchers are just like cash. You should safeguard them and are responsible for tracking their issuance to MCT candidates. Microsoft and Arvato are not responsible for lost or stolen MCT vouchers or voucher numbers. Expired, stolen or lost MCT vouchers will not be replaced. Microsoft and/or Arvato do not provide redemption information to you.
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15. Terms and Conditions for Microsoft MOC On-Demand Course Voucher Codes

Voucher codes to activate Microsoft On-Demand (MOC On-Demand) may be purchased only by Microsoft Partner Network Program members, (“MPN”) Microsoft Partner Network Program members with an active Learning Competency (“Learning Partner” or “LP) and Microsoft Imagine Academy program members (MSIAs).

By purchasing or distributing any MOC On-Demand voucher code (“MOC-OD Code”), MPN, Learning Partner or MSIA agrees to be bound by the following terms and conditions. If Learning Partner or MSIA does not agree, do not purchase or distribute MOC On-Demand codes.

  • 15.1 MOC-OD Codes that are purchased together with other products under one price (“Packaged sets”) may only be distributed and sold with the applicable product as one unit and the MOC-OD code and product must be redeemed by the same person. Components of Package set cannot be advertised, sold or distributed separately.
  • 15.2 Each MOC OD Code may only be distributed once. MPN, Learning Partner or MSIA will track its distribution of codes to ensure each MOC-OD Code is only distributed once and in accordance with these terms and conditions.
  • 15.3 MPN, Learning Partner or MSIA is responsible for keeping MOC-OD Codes in a secure place to ensure codes are not copied or misappropriated.
  • 15.4 Each MOC-OD Code is encoded with information about the pricing zone from which the code was purchased, the expiration date and other terms and conditions for its use. MOC-OD Codes may only be sold in the same pricing zone for which they were purchased. For Packaged Sets that contain a MOC On-Demand Course, the same terms and conditions will apply.
  • Tier 1
  • United Kingdom, Bulgaria, Croatia, Romania, Singapore, Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Greenland, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, New Zealand, Fiji, Papua New Guinea, Canada, United States, Solomon Islands, Vanuatu, Australia, Japan
  • Tier 2
  • Réunion, South Georgia, French Polynesia, New Caledonia, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Congo, Democratic Republic of Congo, Côte d'Ivoire, Djibouti, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea, Kenya, Liberia, Madagascar, Malawi, Mali, Mauritius, Mozambique, Namibia, Nigeria, Rwanda, Senegal, Seychelles, Sierra Leone, Tanzania, Togo, Uganda, Zambia, Zimbabwe, India, Maldives, Myanmar, Afghanistan, Pakistan, Lesotho, South Africa, Swaziland, Bangladesh, Bhutan, Nepal, Sri Lanka, Albania, Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Iraq, Jordan, Kazakhstan, Kyrgyzstan, Lebanon, Libya, Macedonia, FYRO, Moldova, Mongolia, Morocco, Russia, Syria, Tajikistan, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Yemen, Israel, Bosnia and Herzegovina, Kosovo, Montenegro, Serbia, Cambodia, Indonesia, Laos, Vietnam, Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates, Korea, Anguilla, Belize, Bolivia, Ecuador, El Salvador, Guadeloupe, Guatemala, Guyana, Haiti, Honduras, Martinique, Montserrat, Nicaragua, Paraguay, Philippines, Thailand, Argentina, Brazil, British Virgin Islands, Chile, Colombia, Costa Rica, Dominican Republic, Grenada, Jamaica, Mexico, Panama, Peru, Saint Kitts & Nevis, Saint Lucia, Saint Vincent and the Grenadines, South Georgia and Sandwich Islands, St. Barthelemy, Suriname, Turks & Caicos Islands, Uruguay, US Virgin Islands, Venezuela, Antigua and Barbuda, Aruba, Bahamas, Barbados, Bermuda, Cayman Island, Netherlands Antilles, Puerto Rico, Trinidad and Tobago, Brunei, Guam, Malaysia, Hong Kong SAR, Macao SAR, Taiwan.
  • 15.5 MOC-OD Codes may not be redeemed for cash, credit, or refunds and are void if altered in any way.
  • 15.6 Expired, stolen, or lost MOC-OD Codes will not be replaced.
  • 15.7 All MOC-OD Codes must bear an expiration date of 6 months from the day the code was issued to MPN, Learning Partner or MSIA. MPN, Learning Partner or MSIA will insert the day/month/year the code will expire prior to distribution of any MOC-OD Code.
  • 15.8 Microsoft may restrict any MPN, LP or MSIA ability to obtain MOC-OD Codes if Microsoft suspects Partner is not compliant with any of these terms and conditions.
  • 15.9 MPN, Learning Partner or MSIA will include the following terms and conditions with each MOC-OD code distribution:
  • 15.9.1 This MOC On-Demand voucher code (“MOC-OD Code”) will automatically expire on [LEARNING PARTNER OR MSIA TO INSERT DATE/MONTH/YEAR]. Code expiration dates will not be extended under any circumstances.
  • 15.9.2 One (1) MOC-OD Code may be redeemed for one person to have online access to one (1) Microsoft On-Demand Course and the related online virtual lab environment (Lab) for either up to ninety (90) consecutive days or one hundred and eighty (180) consecutive days which is dependent on which version of the course you have purchased.
  • 15.9.3 MOC-OD Code may only be used once, and once activated, cannot be extended, reused or reactivated.
  • 15.9.4 To activate the MOC-OD, end users must have an active Microsoft account and MLX profile and enter the unique MOC-OD Code. you are responsible for keeping your user ID, password and MOC-OD Code confidential.
  • 15.9.5 Microsoft On-Demand Courses and related Labs may have additional terms, conditions and licenses and you must comply with any additional terms, conditions and licenses to use the Microsoft On-Demand Course and related Lab.
  • 15.9.6 Expired, stolen, or lost MOC-OD Codes will not be replaced.
  • 15.9.7 Any resale, transfer or distribution of any MOC-OD Code is expressly prohibited.
  • 15.9.8 MOC-OD Codes may not be redeemed for cash, credit, or refunds and are void if altered in any way.
  • 15.9.9 Arvato, Microsoft and it suppliers and resellers are not responsible for lost or stolen MOC-OD codes.
  • 15.10 To redeem and register to take the Microsoft On-Demand Course, visit https://www.skillpipe.com. You must provide the MOC-OD Code when registering for the Microsoft On-Demand Course.
  • 15.11 Your hardware must meet these system requirements to access a MOC On-Demand Course and any related labs.

Operating System:

  • Microsoft Windows 10

Browser:

  • Current version of Microsoft Internet Explorer or Microsoft Edge

Internet Access:

  • Broadband Internet connection (more than 256 Kilobytes per user network bandwidth)

External access to the Internet:

  • Either an Active X control must be installed (requires local administrator permissions), or IE 11 or later
  • For some corporate firewalls, a proxy client (such as TMG Client) may be required

Screen resolution

  • 1280 x 1024 or higher

Minimum System Requirements

Operating System:

  • Microsoft Windows 7 or later

Browser:

  • Microsoft Internet Explorer 9 or later

Internet Access:

  • Broadband Internet connection (256 Kilobytes per user network bandwidth)

External access to the Internet:

  • Either an Active X control must be installed (requires local administrator permissions), or IE 11 or later
  • For some corporate firewalls, a proxy client (such as TMG Client) may be required

Note: You can also take MOC On-Demand on your iPad® Retina 4th Generation, however the Lab experience is currently not optimized for tablets.

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16. RISK AND TITLE

The Products will be at your risk from the time of delivery.

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17. PRICE AND PAYMENT

  • 17.1 The price of any Products will be as quoted in the Marketplace from time to time, except in cases of obvious error. The Marketplace contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the Marketplace may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the Marketplace, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
  • 17.2 These prices exclude VAT and in the shopping cart you will see the price, applicable VAT and delivery costs, if applicable. For further questions regarding delivery costs please refer to our FAQ.
  • 17.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
  • 17.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
  • 17.5 Payment for all Products must be made by credit card or prepayment. Delivery against invoice or other payment methods may be available upon request; please contact us. We are under no obligation to deliver the Products until we have received payment from you. Please note that the order value displayed at checkout does not reflect any service charges that your bank or your provider for other payment services may impose from the use of payment methods. Please check in advance with your issuing bank or provider of payment services to find out which additional charges may apply.
  • 17.6 Withholding taxes: In case you claim entitlement to tax withholding you will need to provide Arvato with the form or document legally required to prove that you are entitled to tax withholding. Until you provide the required documentation to Arvato’s reasonable satisfaction, Arvato will require payment of the full price of the Products you ordered without any deductions.
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18. OUR REFUNDS POLICY

Unless a specific returns policy has been agreed with you, the following returns policy applies:

  • 18.1 You may return a Product to us in case the Product is defective or in case we have sent to you a Product that does not comply with the specifications of your order: In such cases you will receive a replacement.
  • 18.2 If you wish to return a Product to us, you must inform us in writing by giving notice to customer service. You are required to return any Products to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product, or investigate your complaint and will notify you of your entitlement to a replacement via e-mail within a reasonable period of time. Goods returned by you because of a defect will be replaced in full and sent to you free of charge, including a complete reimbursement for the delivery charges incurred by you in returning the item to us. Non defective goods will be returned to you  at your own cost.
  • 18.3 Redemption Codes may only be returned if they are defective, e.g. they cannot be activated.
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19. PERSONAL DATA

Personal details provided to Arvato through this website will only be used in accordance with our Privacy Policy. By using the Marketplace, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our Privacy Policy carefully.

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20. OUR LIABILITY

  • 20.1 In accordance with your statutory rights we warrant to you that any Product purchased from the Marketplace is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
  • 20.2 For a guidance on product specifications and system requirements required to activate and operate Products please refer to our FAQ We cannot ascertain whether you or your customers’ computer or Reading Device fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
  • 20.3 The Marketplace is provided "as is". Whilst we have taken every care in the preparation of the content of the Marketplace we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Marketplace. Except as set out in this condition 19, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Products are excluded to the extent permitted by law.
  • 20.4 Where the Marketplace contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not identify ourselves with the content of such sites and resources have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  • 20.5 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms and conditions, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Marketplace. We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Marketplace or any of the materials on the Marketplace (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
  • 20.6 This does not include or limit in any way our liability:
  • 20.6.1 for death or personal injury caused by our negligence;
  • 20.6.2 for fraud or fraudulent misrepresentation; or
  • 20.6.3 for gross negligence or intent; or
  • 20.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
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21. INTELLECTUAL PROPERTY

  • 21.1 Products offered in the Marketplace are the intellectual property of Microsoft or of any other third party. "Prometric" is a trademark of Prometric, Pearson VUE is a registered trademark of Pearson Education, Inc. To activate the download or an E-book to a Reading Device or access to an E-book on the Platform Reader you and/or your customer must accept the respective EULA and other terms and conditions bundled with the Product. You can view the terms and conditions of the respective EULA in our FAQ. You may not and you will ensure that your customer does not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.
  • 21.2 We are the owner or the licensee of all intellectual property rights in the Marketplace, and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
  • 21.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
  • 21.4 If you print off, copy or download any part of the Marketplace in breach of these terms of use, your right to use the Marketplace will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  • 21.5 Using the Marketplace does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
  • 21.6 The Marketplace and all logos on the Site are business names and marks which are the property of Arvato distribution GmbH or Microsoft Inc. or third parties.
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22. IMPORT DUTY AND TAXES

If you order Products from the Marketplace for delivery to your residence, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

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23. WRITTEN COMMUNICATIONS AND NOTICES

  • 23.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Marketplace, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the Marketplace or the account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
  • 23.2 All notices given by you to us must be given to Arvato Distribution at Benzstrasse 5-7, 33442 Herzebrock-Clarholz, Germany or by email E-Mail: courseware@bertelsmann.de. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your Microsoft Partner Network account, or in any of the ways specified in clause 19.1 above. Notice will be deemed received and properly served immediately when posted in the Marketplace, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
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24. TRANSFER OF RIGHTS AND OBLIGATIONS

  • 24.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
  • 24.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
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25. EVENTS OUTSIDE OUR CONTROL

  • 25.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
  • 25.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • 25.2.1 strikes, lock-outs or other industrial action.
  • 25.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • 25.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  • 25.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • 25.2.5 impossibility of the use of public or private telecommunications networks.
  • 25.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
  • 25.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
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26. VIRUSES, HACKING AND OTHER OFFENCES

  • 26.1 You must not misuse the Marketplace or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Marketplace or the Service, the server on which the Marketplace or the Service is stored or any server, computer or database connected to the Marketplace. You must not attack the Marketplace or the Service via a denial-of-service attack or a distributed denial-of-service attack.
  • 26.2 By breaching this provision, you would commit a criminal offence. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Marketplace and our Service will cease immediately.
  • 26.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Marketplace and our Service or to your downloading of any material posted on it, or on any website linked to it.
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27. WAIVER

  • 27.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  • 27.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
  • 27.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 17 (Notices) above.
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28. SEVERABILITY

If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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29. MISCELLANEOUS

  • 29.1 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
  • 29.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
  • 29.3 We have the right to revise and amend these terms and conditions from time to time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Marketplace.
  • 29.4 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
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30. LAW AND JURISDICTION

Contracts for the purchase of Products placed through the Arvato Courseware Marketplace will be governed by German law, the German courts shall have exclusive jurisdiction.

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