The current general terms and conditions of use form the Contract between the parties and are applicable to all relations between MySkillCamp and the Client (i.e. the individual or entity designated in the online account as a user of the software and/or platform developed by MySkillCamp).
Article 1: General
These terms and conditions define and govern access to, and use of, the site, the platform and MySkillCamp software.
Any Client, who subscribes, accesses and/or uses the services, platform and Software offered by MySkillCamp, adheres to, and undertakes to respect unreservedly, the current general conditions which have been previously presented for acceptance to the Client during the creation of their online account, before any possibility to access and use MySkillCamp’s services was granted.
MySkillCamp has the right to amend, supplement and/or adapt its terms and conditions at any time. The Client must refer to the online version of the terms and conditions available to them at the time of their most recent visit to and/or use of the MySkillCamp website, Software and/or platform. This version will be immediately and automatically applicable – after the Client has been informed of this fact when they connect – and is permanently available to be consulted on the website.
Article 2: Purpose
The Client requires the use of tools, training modules and online lessons (hereinafter the Software), including modules for learning, training and assessment, created or developed by MySkillCamp, by the Client, or in collaboration with other users.
The Client has therefore engaged with MySkillCamp in order to gain access to these tools and modules; the Client chose to purchase a subscription to them from MySkillCamp, having considered all the features, options and utility offered by the Software and the platform made available to them. The Client acknowledges receipt and possession of all the necessary and relevant information to enable them to determine and accept that the MySkillCamp Software and platform is suitable for their needs.
The Client is the single and only Party to contract with MySkillCamp in this regard. It is therefore solely responsible for the payment of MySkillCamp subscriptions and fees for use of the service provided, and for possible sanctions that may be applied in the event of a failure to respect these contractual terms and conditions.
Moreover, the Client is responsible for their own compliance and that of any of their representatives, and/or any person, or persons, they have authorised to use the Software or platform in their possession, and which are under their responsibility or with whom they interact, for any reason whatsoever, with regard to the execution, or non-execution, of the Contract with MySkillCamp.
Article 3: Registration
The Client may be an individual or entity, acting in a private or professional capacity. Registration is undertaken on a voluntary basis, is performed knowingly, and on the assumption of full consent of the Client.
This being the case, all accounts created by bots or other automated registration methods are totally proscribed; MySkillCamp reserves the right, without warning or notice, to immediately, and without compensation, close an open account that stands in violation of this paragraph.
When creating an account with MySkillCamp, the Client must provide an error-free and valid email address as well as all accurate and essential information required for them to be fully identified.
The Client can create, primarily, for themselves or a third party, one or more ‘user’ accounts, and secondarily, one or more user IDs for ‘students’. The subscription rate will be varied according to the number of users/ students. The user and the students each has a user ID and an individual password.
This user ID and password are personal, and thus cannot be transferred or used by persons other than those to whom they were assigned at registration. The Client and the students agree to keep their personal user ID and password secret. MySkillCamp cannot be held responsible for any consequences related to the loss, theft or misuse by third parties of such information.
Article 4: MySkillCamp’s obligations
MySkillCamp is committed to putting in place the means to assure continuity and quality of access, but it cannot be held responsible for any failures or shortcomings of the host in relation to the electronic platform hosting the Software, to which the Client has access at any time, except during maintenance periods
Maintenance operations will be performed daily, from 22:00 to 24:00, or on Sundays, in the event of a requirement for significant maintenance. The Software may, if required, be temporarily unavailable during this period; the Client declares themselves to be fully informed about this and accepts that MySkillCamp cannot be held responsible for any interruption, or denied-access to the Software during this period.
MySkillCamp guarantees to the Client that the Software incorporates all relevant safety measures and conditions in accordance with current best practice. The Client’s personal data collected during the use of the Software will be stored on secure facilities which conform to current technical standards, to the extent that current levels of knowledge and technology allow, and in accordance with best practice within the sector; and these arrangements will apply for the duration of the subscription taken out by the Client.
In general, MySkillCamp’s obligations relate solely to means and not outcomes.
Article 5: The Client’s obligations
The Client declares themselves familiar with the characteristics and limitations of the internet and with the response times associated with using it to consult, search for, or transfer information.
The Client declares themselves to be informed about the security measures implemented by MySkillCamp but recognises that due to the nature of the internet, security is an obligation of means. In particular, MySkillCamp is not responsible for the temporary unavailability of the Software due to the actions of its contractors, sub-contractors or the hosting company.
MySkillCamp does not accept any responsibility for the reliability, truthfulness, accuracy or adequacy of the information provided and/or made available through the Software by the Client, users and/or students. The Client bears sole responsibility towards third parties for the above information. Consequently, the Client indemnifies MySkillCamp against any claim or action by a third party, based on such information, and shall indemnify MySkillCamp of all financial damages and/or any penalties imposed to the benefit of those third parties as a result of a finding against MySkillCamp in a court, arbitration award, or under a settlement agreement.
The Client undertakes on behalf of themselves, any other relevant parties and users and students, not to pursue any unlawful activity (including computer crime, money laundering, terrorism, and organised crime), upload, transmit or distribute viruses or content that is illegal, malicious, misleading, prejudicial to public order, immoral, or prejudicial to their rights or those of a third party; or to encourage the pursuit of illegal activities, with the aim of interfering with, or interrupting the operation of, the Software, servers, hosting, or any networks connected to the Software.
MySkillCamp, which has no capability or authority in this regard, is absolved of all responsibility to control the accuracy, validity, or legality of data, or information, accessed or downloaded by the Client, or that relating to activities pursued by the Client as a result of using the Software. The Client is fully responsible for their data, all content that they, users or students broadcast and all use that the Client, user or students make of the Software; and more broadly for ensuring that they, users and students respect the rules applying to use of the Software and indemnifies MySkillCamp against any claim by a third party in this regard, and against any damages or compensation that may be awarded as a result of such a claim.
The Client, users and students must ensure they have the appropriate hardware, software and resources to enable them to use the Software. MySkillCamp cannot be held responsible for the malfunction or difficulties in accessing MySkillCamp’s services in cases where the Client, user or students do not possess appropriate equipment or where it does not meet the minimum standards required.
The Client agrees not to modify, reproduce, alter in any manner whatsoever, or hack the Software; and/or not to modify, develop or create another website to mislead or distract potential Clients by leading them to think that this website is either MySkillCamp’s official website or associated in any way with MySkillCamp.
The Client agrees not to reproduce, duplicate, copy, sell, resell or exploit all, or any part, of the Software, or activities relating to use of the Software or access to the Software.
The Client agrees not to transmit viruses or other code that may cause malfunction, disruption or damage to the Software, the platform, the access network or the host site.
The Client confirms that their interest in using the Software is solely for their personal development, that of their employees, or as part of the course of their normal professional activity. The Client, user or students must not use the Software for the purpose of testing its performance and features with the aim of developing or offering competing services, or with the aim of subverting its primary function of distance learning (for example, making use of it for an annual employee evaluation or to carry out a test for a promotion, when recruiting employees, and so on).
In the case of non-compliance by the Client, the user and/or students with any of the obligations incumbent on them individually, or collectively, MySkillCamp reserves the right to suspend access to the Software, after informing the Client by email that such a suspension is to take place. This right to suspension does not constitute any waiver on MySkillCamp’s part, and shall not preclude recourse to other remedies by MySkillCamp, in particular with regard to MySkillCamp’s right to terminate the Contract.
If the use of the bandwidth by the Client exceeds 300MB/month, or significantly exceeds the average bandwidth usage of other MySkillCamp clients (as determined by MySkillCamp, based on internal statistical data), MySkillCamp reserves the right to unilaterally suspend the Client’s account. Such a situation is indicative of the misuse of the subscription taken out by the Client. MySkillCamp will issue a notice to the Client, sent to the email address provided, through their access as a subscriber, inviting them to reduce their bandwidth usage. If this notice has had no effect after a period of eight calendar days, MySkillCamp reserves the right to suspend the Client’s access to the Software and terminate the Contract without compensation, with any fees paid by the Client being retained by MySkillCamp;
Article 6: Subscription period – Contract duration
The Contract is entered into on a trial basis for an initial period of thirty (30) calendar days, starting from the date the account is opened. Each Client is only entitled to benefit from one trial period. This trial period is free and is intended to enable the Client to test the functionality of the Software.
After this free trial period, the Contract is not automatically continued or extended. The absence of continuation or extension of the Contract will not result in any compensation.
The Contract will be extended only as a result of the Client taking out a paid subscription at the monthly rate proposed by MySkillCamp, based on the subscription options that MySkillCamp offers. Depending on the Client’s payment method, the Contract will be renewed or will take effect at the point of confirmation of payment (if by Visa or MasterCard) or on the actual receipt of funds (if by transfer).
The Contract between CLI2SPEAK and the Client is always of a fixed term nature; it will be extended only as a result of an express request for subscription renewal effected by the client and the actual payment of the renewal fee using one of the methods offered by MySkillCamp.
All data and information that the Client enters into the Software, and any customisation applied to it, during the trial period and, more generally, for the duration of the Contract, will be permanently lost 90 calendar days after the end date of the Contract, unless the Client submits a prior request to MySkillCamp, which may make a charge for any costs related to the recovery of the data. Payment of the above charge is a prerequisite to the recovery and transfer of data to the Client.
Article 7: End of the Contract – cancellation – Contract termination
The Contract terminates automatically as a matter of course, at the end of the period of the monthly subscription taken out. It can only be renewed and extended by the express request of the Client.
However, if the Client is a user in a private and non-professional capacity, they will have a period of 14 days, from the date of taking it out, in which they can cancel the subscription.
MySkillCamp may, however, summarily and unilaterally terminate the Contract in the case of the Client breaching their contractual obligations or misusing the Software.
In the case of failure by the Client to meet any of their obligations under the Contract and to remedy the situation within a period of eight (8) calendar days, following the receipt of a formal notice sent by email (to the email address provided by the Client), MySkillCamp reserves the right to summarily terminate the Contract, without prejudice to other remedies available to it.
Similarly, MySkillCamp may terminate the Contract if non-payment of any amount payable under the Contract remains unpaid after eight (8) days following notice to that effect, without prejudice to any damages which MySkillCamp may seek.
Finally, in the case of delay in the payment of an invoice relating to the use of the Software, MySkillCamp reserves the right to suspend access to the Software. All amounts paid by the Client to MySkillCamp at the date of Contract termination shall be retained by MySkillCamp, which shall also be entitled to demand immediate payment of any remaining amount due, or due to be invoiced, under the Contract.
Article 8: Financial conditions
Use of the Software during the trial period is free. Each Client is entitled to benefit from one trial period only.
When taking out their subscription, the Client pays, in advance, the fee for use of the Software in the following month. The fee is calculated on the basis of the number of users/ students registered at the time the subscription was taken out.
Settlement of payments and additional billing will be applied on a time-based pro-rata basis, for users/ additional students who are registered after the date when the Contract began.
Subsequent billing occurs monthly, according to subscription renewal by the Client and is based on the number of users that are registered on that date. Settlement of payments and additional billing will be applied on a time-based pro-rata basis, for users/ additional students who are registered after the date of this renewal.
MySkillCamp reserves the right to revise the price of access to the Software by notifying the Client by email sent via their administrator account. The new rate will take effect two (2) months after such notification, and the Client has the right to terminate the Contract during this period. Continuation of the Contract will constitute acceptance of the new pricing
Access to the Software requires an advance payment of the monthly subscription by the Client; all invoices are payable within five (5) days of the date of issue. Without prejudice to other remedies available to MySkillCamp, including the suspension of access to the platform and the Software, default on the settlement, beyond the due date, of an invoice relating to use of the Software, will automatically attract, in addition to fact that the invoice remains immediately payable, an additional interest payment, applied at a rate of 10%/year from the due date of the invoice, and an additional standard fixed compensation of 10% of the principal amount owing.
Article 9: Contacts
MySkillCamp contacts Clients by email via its administrator account. The Client shall use their administrator account to communicate to, and update MySkillCamp on the list of users/ students who are authorised to access the Software.
The Client is automatically responsible for the actions of both users and students, as well as those of third parties, in relation to MySkillCamp, including acts of representation on behalf of the Client, related to the execution, non-execution or modification of the Contract or the Software, which have been notified to the Client by email, or accepted by a user/ student, in accordance with the Contract, where they are deemed to be acting in the name of, and on behalf of, the Client.
Article 10: Intellectual Property and hosted data
The Client retains full intellectual property rights to data hosted on the platform. MySkillCamp reserves the right, and the Client agrees to this, to duplicate this data for the purposes of hosting and backup.
All copyrights, trademarks and other intellectual property rights (whether subject to registration or not) and any other property rights or other rights over the Software, specific interfaces and developments that may occur, for the purpose of integration with the Client’s information system, user guides and related documentation (hereinafter referred to together as ‘Rights’) are, and shall, remain, at all times, the property of MySkillCamp or its licensors.
The Client shall be exclusively responsible for all direct and indirect consequences arising from the use of the Software by a user, student or third party, and undertakes to compensate MySkillCamp for any damage and any consequent penalty applied by a court, including in respect of third parties, without prejudice to any other remedies and/or indemnities which MySkillCamp may be entitled to under the Contract.
With regard to public data entered into the Software, and/or published via means of it, by the Client, user or students through use of the Software, these parties grant MySkillCamp the right to publish, duplicate, copy, make use of, and retain it, for an unlimited period.
Article 11: Licence and hosting
MySkillCamp guarantees that it possesses all necessary rights to enable the Client to access the Software, provided that the Client makes use of this access in accordance with the Contract and possesses appropriate and correctly configured equipment.
MySkillCamp indemnifies the Client against any action for infringement due to its access to the Software under the Contract, and shall indemnify the Client in the event of any penalty imposed on them as a result of a final court decision in this regard..
In the case of prohibition of the use of all, or part of, the access to the Software, MySkillCamp will, on its own initiative and at its own expense, either obtain the right for the Client to continue to have access to the Software, replace the Software by an equivalent application, or modify the Software such that it no longer results in infringement.
If none of the above solutions proves feasible or financially viable, MySkillCamp will, at its sole discretion, reimburse the Client any amount already paid during the month prior to the problem arising. This warranty does not include materials provided by the Client, or data available via the Software, which do not constitute elements provided by MySkillCamp to the Client, and is exclusive of any other remedy pursued against MySkillCamp. This provision only applies after the end of the free trial period.
Should the Client become aware of any infringement regarding the Software, they undertake to notify MySkillCamp immediately. MySkillCamp will remain the sole active Party in terms of defending its rights.
Article 12: Rights of access and security
The Client, user and/or student has remote access to the Software via the internet, in the form of ‘Software as a Service’ or SaaS.
Access to the Software is controlled prior to each connection by means of a user ID and a password that is unique and personal to each user/ student. These are communicated by MySkillCamp at the point of registration or when additional students are added.
The Client is solely responsible for ensuring the safeguarding, security and integrity of Access Codes communicated to the Client, user, or students by MySkillCamp, and undertakes to report immediately to MySkillCamp, in writing and by all possible means, any loss or improper use of the Access Codes, and must confirm such loss or misuse to MySkillCamp within 8 days, by registered letter with confirmation of receipt.
Until MySkillCamp has received such confirmation, by registered letter with confirmation of receipt, any activity by the Client, user or any student, in relation to the Software will be deemed to have been effected by the Client and will be the exclusive responsibility of the Client.
However, MySkillCamp reserves the right, in all eventualities, to suspend access to the Software, automatically and without notice, in the case of reasonable suspicion of fraudulent use, or attempted fraudulent use of the Software. MySkillCamp will inform the Client without delay of any such occurrence.
Article 13: Guarantee
The Client, user and/or the student recognises that, despite the precautions taken, based on current best practice and technology, and the high safety and security standards adhered to by MySkillCamp:
- a) data transmitted over the internet pass through independent electronic communications networks, each having different characteristics and abilities, and which can sometimes be overloaded and/or have security vulnerabilities,
- b) the internet is an open network and information transmitted using it is not protected against the risk of malicious or unauthorised misappropriation and/or fraudulent intrusion taking place in the Client’s information system, extraction hacking or unauthorised alteration of data, programs and system files, and contamination by computer viruses, and
- c) it is the Client’s responsibility to take all appropriate measures, including awareness, and control of the activities of users and/or students to protect their information systems, their computer equipment (PC, tablets, etc.), and their data, against contamination with viruses, malware and unauthorised intrusion attempts by third parties.
Consequently, the Client, user and/or student make use of their access to the Software in full knowledge of these facts and at their own risk.
The Client warrants that all operations carried out by them, users and/or students, directly or indirectly, through the Software and/or via the platform available to them, will be in compliance with the relevant legal requirements (both those of the applicable jurisdiction in the Client’s country of residence and the country in which MySkillCamp is headquartered) applicable to their activities, public order and decency, and to this Contract.
Article 14: Limitations / exemptions to liability
MySkillCamp is liable only for its own actions and obligations under this Contract; conversely, MySkillCamp cannot, and will not, be held liable for any losses or damages, direct or indirect, arising from the use of the Software, such as reductions in, or loss of, income, damage to image and/or reputation, Clients, business activity, anticipated gains from time and effort expended by employees or service providers, users or students, and, more generally, any loss of opportunity.
MySkillCamp cannot be held responsible for the content, in any form whatsoever, that is created on, or uploaded to the platform, or provided and/or made available, on the initiative or at the instigation of the Client, users or students, through use of the Software (hereinafter, the Content).
The Client grants MySkillCamp a non-exclusive licence to the Content (the meaning of Content being defined in the preceding paragraph), permitting its use, reproduction, and backup for the term of the Contract and operational rights thereto, including its modification and conversion into any other medium for the purposes of safeguarding and retention under this Contract.
MySkillCamp guarantees to the Client that the Content shall not be sold and/or transferred to a third party under any circumstances. The Client recognises and warrants that it holds necessary and sufficient rights to the Content. The Client indemnifies MySkillCamp against any claim or action by third parties concerning the Content, including any associated intellectual property rights; and against all damages and/or penalties imposed on MySkillCamp to the benefit of those third parties, which arise from the decision of a court, or from arbitration or a settlement agreement.
The Client guarantees to MySkillCamp that the Content has been placed online properly and legally, and is not contrary to any legal provision relating to public order and decency, and does not infringe MySkillCamp’s rights or, more generally, those of any third party. The Client grants MySkillCamp an exclusive license agreement to the Content for the purposes of implementing this Contract. The Client indemnifies MySkillCamp against all consequences that may arise from the Content made available by the Client, users and/or Students via the Software.
In addition, MySkillCamp cannot be held liable for the transmission, or the transmission quality, of the data, the quality and availability of the data transmission networks or disruptions to their services, blockages or interruptions of the means of transmission or telecommunication, or inaccessibility due to the maintenance of the Software, or malfunction of the Client’s hardware, telecommunications networks or electronic communications.
MySkillCamp cannot be held responsible for consequential damages. Incidental damages, including associated legal fees, will be considered as consequential damages. Any request or claim on the part of the Client in respect of MySkillCamp, arising from a breach of this Contract or a claim of legal liability must – at the risk of being extinguished – be submitted to MySkillCamp in writing from the Client by email, and confirmed, in parallel and at the same time, by registered letter with confirmation of receipt, within 15 calendar days of the invoice covering the period giving rise to the request or claim.
In all circumstances, MySkillCamp shall have no liability towards the Client, user or student, unless their claim arises as a result of a court decision, and that legal proceedings have been instigated (citation) within thirty (30) calendar days from the date of the invoice covering the period giving rise to the request or claim; and shall not exceed, in any circumstances, an amount equal to one thousand (1,000) Euros. This ceiling of one thousand (1,000) Euros will be waived in the case of fraud or gross negligence on the part of MySkillCamp.
The instigation of a claim against MySkillCamp by the Client, regardless of its purpose or nature, cannot be construed as authorisation for the Client to withhold all, or part, of any payment or sum due under the Contract.
AArticle 15: Acts of God and force majeure
The Parties shall not be responsible for any failure to perform the Contract, which arises as a result of an act of God or force majeure, as defined in Belgian law.
In addition, in relation to this Contract only, the following are classed as falling within the definition of acts of God and force majeure: acts of terrorism, foreign or civil wars, earthquakes, aircraft or airliner crashes, fires, floods, storms or any natural disaster, strikes not linked to the Party invoking force majeure, degradation, suspension or alteration of electronic means used to supply the services, energy shortages, government, legal or regulatory restrictions, and, more generally, all circumstances and events, beyond the control of MySkillCamp, that prevent, temporarily or permanently, the normal performance of the Contract.
In the case where an act of God or force majeure continues for a period of more than thirty (30) consecutive calendar days, each Party shall have the right to terminate the Contract, automatically and without notice or compensation, by notifying the other Party by email and confirming this by sending a registered letter with confirmation of receipt.
Article 16: Contact details
For the purposes of the execution of this Contract, the Parties elect to be domiciled at the following addresses: for MySkillCamp, the address stated in the ‘contact’ section of MySkillCamp’s website; and for the Client, the address and email contact details submitted by the Client at the time of their registration.
Unless otherwise specified in articles within these terms and conditions, all communications between the Parties shall be conducted by email and/or via the Client’s administrator account.
The Client agrees to notify MySkillCamp immediately by email and/or via the Administrator account, of any address change(s) that may have occurred during the course of the Contract; prior to sending any communication, the Client shall check for, and inform themselves about possible updates to email addresses and/or MySkillCamp’s contact address, using the Contact tab of MySkillCamp’s website.
Article 17: Confidentiality
The Parties mutually undertake, with the exception of cases specifically provided for in these terms and conditions, not to make use of, and to preserve the confidentiality of the information they may receive, obtain or have access to, as a result of, or in connection with, use of the Software and/or the MySkillCamp platform, and all documents and information exchanged between them in relation to, or under the Contract, except for purposes strictly relating to the execution of the Contract. This obligation will remain in force after the termination of the Contract, for any reason whatsoever, for a period of two (2) years.
However, this obligation of confidentiality and non-use will, exceptionally, not apply, or continue to apply, in the case of information and/or documents passing into, or emerging in, the public domain, where this occurs through no fault of the Party that was in possession of them, or if a Party is required to respond to a request for disclosure of information from a public or judicial authority empowered by law, subject to the Party notifying the other in advance, in order to give the other Party the opportunity to oppose the disclosure if it so wishes.
Article 18: Probative force
The Parties agree that all data, information, files and other digital materials, in written and/or digital form that are exchanged between themselves constitute admissible, valid, and binding evidence and have the probative force of a private signed document.
The Parties, therefore, undertake not to challenge or call into question, for any reason whatsoever, the admissibility, validity, enforceability or probative force of materials that are electronic in nature and/or in the electronic formats referred to above, solely on the basis that they are electronic in nature.
Unless otherwise proven, these materials shall remain valid and enforceable between the Parties, in the same way, under the same conditions, and with the same probative force, as any document created, received or kept on paper.
The provisions of this paragraph shall apply, in particular, to information communicated to the Client by MySkillCamp about changes to general terms and conditions and about the Contract, or to information relating to the acceptance of this information by the Client.
The provisions of the previous paragraph are not applicable to communications between the Parties that are sent by registered letter with confirmation of receipt.
Article 19: Advertising – references
The Parties mutually agree and recognise that they each have permission to make mention of the activities of, and refer to, the other Party in communication media and publications about the Software, or for the purposes of its promotion and business development.
Article 20: Personal data and cookies
MySkillCamp’s policy on cookies and the protection of personal data is the subject of specific provisions which are set out in a separate section of the website, and to which these terms refer, and form an integral part of, as inextricably linked schedules.
Under all circumstances, any dispute relating to respect for privacy can be submitted to the Federal Ombudsman (http://www.federaalombudsman.be).
Article 21: Miscellaneous
The fact of MySkillCamp’s choosing not to invoke and/or not to exercise any of its rights under the provisions of this Contract cannot be interpreted as being synonymous with, or to constitute, a waiver of those rights.
For the duration of the Contract, and for a period of two years after the end of the Contract, each Party mutually undertakes, not to recruit or attempt to recruit employees of the other Party, for any reason whatsoever, without the express and prior written agreement of the other Party.
In the event of a breach of this obligation of non-recruitment, the Party that has breached the agreement shall pay to the other Party, without prejudice to other remedies available to it, compensation equal to the amount of twelve (12) months’ gross salary; in the event of an employee having been in post for a period of less than 12 months, it shall pay compensation equal to the amount of salary received during the period of occupation of the post.
Unless express and prior written consent has been received from the other Party, neither Party may assign, or transfer to any third party, all, or part of its rights or obligations under the Contract.
The Client acknowledges and agrees that MySkillCamp can make use of subcontractors and agents for the purpose of execution of the Contract, including for, among other things, technical materials, provision of a helpdesk, hosting of the platform, etc.;
In the event that some terms, conditions or provisions of this Contract or any schedule or associated provision are declared to be null, illegal or not applicable to any extent, these terms, conditions and provisions shall be separated to the same extent from the rest of the terms, conditions and provisions, which will continue to be valid to the extent permitted by law.
This Contract is the sole source of provisions governing the rights and obligations of the Parties and describes the entirety of the agreement concluded between the Parties. The Contract and these terms and conditions supersede all possible agreements, conventions, incentives and conditions, concomitant and previous, express or implied, oral or written, of any kind, relating to its purpose.
All modifications to, or revocation, or waiver of this Contract, or any provision thereof, shall be subject to an amendment agreement signed by both Parties.
The execution of this Contract requires genuine cooperation between the Parties. Consequently, the two Parties undertake to cooperate with each other in ensuring the proper execution of the Contract. They mutually agree to afford each other all appropriate assistance to that end. Each Party agrees not to engage in any activity whatsoever that would be likely to hinder, or render more difficult or onerous for the other Party, the execution of this Contract.
The Parties acknowledge that the author of the provisions of this Contract has not influenced the negotiations that led to its provisions and that the Contract has been drafted solely in accordance with the statements made by, and agreements between, the Parties. The Parties also accept sole responsibility for their statements.
This Contract is governed by Belgian law, which also governs its interpretation and application.
The Belgian courts have exclusive jurisdiction over any disputes arising from the Contract and its amendments, including, without limitation, those relating to its existence, validity, interpretation, execution and/or termination and all resulting consequences, notwithstanding any plurality of defendants, introduction of third parties or interlocutory appeals; and their territorial jurisdiction is determined solely as a function of the location of MySkillCamp’s headquarters.