Passive House Online Training | Passive House Institute

General

This Site is owned and operated by the Passive House Institute Dr. Wolfgang Feist, whose office is at Rheinstr. 44/46, 64283 Darmstadt, Germany. The Site offers Users (as defined below) access to information and resources about Passive Houses that are owned or licensed by PHI.

Please note that all visitors and registered users in any category will be referred to hereafter as User in this Agreement. The Terms of this Agreement apply to all Users. The User for any User Profile Account is entirely liable for all activities conducted through that Account.

Personal Information

We may use some information of your User Profile Account to occasionally notify you about important functionality changes to the Site and new e-elearning courses from PHI and partners.

Non-transferability of Course Access

When you register for a course on the Site, PHI grants you a personal, time-limited, non-transferable, non-assignable, and non-revocable license to use and display the information offered by the Site on any machine(s) of which you are the primary user. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Site without written authorisation from PHI. Any attempt to sublicense, transfer, sell, loan, or assign the license may result in its immediate termination.

Intellectual Property Rights

Users of the Site acknowledge that the duplication and/or redistribution of content, information, data, or other intellectual property gained through exclusive access to the Site to any other party would be a violation of applicable copyright laws and therefore would cause harm to the Site. Users hereby agree that any duplication and/or redistribution of any materials shall require prior written authorisation from PHI. It is further agreed, that any specific instance in which written authorisation is granted by PHI, does not authorise the User to duplicate and/or redistribute any other material than that for which written authorisation was granted.

Security

You agree to notify PHI by email at moodle@passiv.de of any known or suspected unauthorised use(s) of your User Account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your Username and/or Password. You shall be responsible for maintaining the confidentiality of your Password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your User Account, at PHI’s sole discretion, and you may be reported to appropriate statutory authorities.

PHI cares about the safety and security of your personal information. Of course any User who has not registered on the Moodle server may use the Site anonymously as a visitor, but any personal information you provide to become a Registered User will be accessible by a limited number of employees who have special access rights to such systems.

Personal Information to Other Parties

PHI does not sell or otherwise transfer email addresses or other general information that visitors voluntarily provide in any registration process. This information is collected and used to better understand Users use of the Site and to support related transactions made on the site. PHI may also use email addresses and other personally identifiable information to communicate with Users who initiate communications with PHI.

PHI may disclose your personally identifiable information if we believe in good faith that we are required to do so in order to comply with applicable law, a court order or other legal process. We may also disclose this information if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our terms of Site or to protect the safety of our Users and the public.

Termination of course access

Paid Course access is effective until it expires, at which time it is terminated by either party. You will receive an electronic notification 1 month prior to the expiration of your Course access.

PHI may terminate your account or access rights to this Site immediately without notice, if in PHI’s sole discretion, you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Site and all copies thereof. PHI may terminate the Site, or any element of the Site, at any time without notice. Refunds will not be issued for cancelled or terminated Course access.

Trainees who fail to complete the e-learning course in the time available or who fail to complete the Final Assessment will not be eligible for a refund.

Financial

PHI quotes prices and issues invoices in Euros (EUR) only. The client must pay in the currency shown on the invoice. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client. The client must pay in full or provide a purchase order before the start of any training event. VAT is included in the e-learning course fee.

PHI reserves the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.

Third Party Links and content

In an attempt to provide increased value to Users, PHI may provide various third party website links from this website. However, even if the third party is affiliated with PHI, PHI has no control over these linked sites who may each have separate privacy and data collection practices. Neither PHI nor any of its affiliates and contractors, have any responsibility or liability for these independent policies or actions and no such party is responsible for the privacy practices or the content of such websites. These linked sites are only for your convenience and you therefore access them at your own risk. Nonetheless, PHI seeks to protect the integrity of its website and the links placed upon it and therefore requests feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

We are a distributor of content supplied by third parties and Users of the Site. Any opinions, advice, statements, Sites, offers, or other information or content expressed or made available by third parties, or any other user of the Site, are those of the respective author(s) or distributor(s) and not of PHI.

Solicitation and Advertising

You may not use this Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users.

Infringement

You are prohibited by this Terms of Use Agreement and by law from engaging in acts of copyright, trademark, patent, trade secret or other intellectual property or proprietary infringement.

Offensive Material

PHI prohibits the transfer or posting on this Site of content deemed discriminatory or offensive by PHI according to community standards and applicable laws and regulations.

Disclaimer of Warranty; Limitation of Liability

Each User expressly agrees that use of the Site is at his or her sole risk. We do not warrant that the Site will be uninterrupted or error free; nor do we make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information provided through the Site. The disclaimer of liability contained in this section applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of record, whether for breach of contract, negligence, or under any other cause of action. Each User specifically acknowledges that PHI is not liable for the defamatory, offensive or illegal conduct of other third parties, subscribers, or other Users of the Site and that the risk of injury from the foregoing rests entirely with each User. Subject to the maximum permitted exclusions applicable by law in no event will PHI or any person or entity involved in creating, producing or distributing the Site be liable for any direct (including loss of profit and/or revenue), indirect, incidental, special or consequential loss or damages arising out of the use of or inability to use the Site or out of the breach of any warranty.

Each User hereby acknowledges that the provisions of this section shall apply to all content on the Site. The content was collected to the best of the knowledge of the authors. Nevertheless, no warranty can be given as to its accuracy. The responsibility to check the presented information, also with respect to the applicable law and standards, is with the user of the material. We exclude any liability for the correctness of contents and presented data. Any liability for possible damage or other consequences resulting from the use of this information is also excluded. Moreover, PHI neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site, nor for any offensive, defamatory or obscene posting made on the Site by anyone other than its employee spokespersons while acting in their official capacities.

PHI does not endorse, warrant or guarantee any product or Sites offered by a third party through the Site and will not be a party to or in any way monitor any transaction between Users and third party providers of products or Site. Each User specifically acknowledges that in no event will PHI, our affiliates, nor any of their respective employees or agents be liable for any direct, indirect, incidental, special or consequential loss and/or damages arising out of (i) the use by such user of any browser owned or operated by any third party and/or (ii) the downloading of any software owned or operated by any third party.

Monitoring

We shall have the right, but no obligation, to monitor the content of the Site to determine compliance with this Agreement. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, we shall have the right to remove any material that we, in our sole discretion, find to be in breach of the provisions hereof or, otherwise objectionable. Notwithstanding this right, Users shall remain solely responsible for the content of their messages. Each User acknowledges and agrees that neither PHI nor any third party content provider shall assume or have any liability for any action or inaction by PHI or any third party content provider with respect to any conduct, communication or posting on the Site.

Policy Changes

By using the Site, Users consent to the collection and use, as described herein, of information by PHI and its affiliates. If we decide to change this Privacy, Course access and Terms of Use Agreement, we will post those changes on this page so that you are always aware of how we use information we collect, and under what circumstances we disclose it.

Feedback

PHI welcomes your questions, comments, and concerns about this Site, and our Privacy and Terms of Use statements. If you have questions or need more information, please contact us at moodle@passiv.de

Last modification: May 22^nd 2018