User Policy "ERSTE Foundation NGO Academy"

1. Introduction, Definitions

  1. Operator: DIE ERSTE österreichische Spar-Casse Privatstiftung (ERSTE Foundation) operates this learning platform under the URL "https://moodle.ngoacademy.at/", based on a closed user group secured by username and password, named "ERSTE Foundation NGO Academy".
  2. User: Users are staff members, project partners and customers of ERSTE Foundation who have received valid credentials to access the e-learning services "ERSTE Foundation NGO Academy".
  3. This User Policy was created by ERSTE Foundation and is valid between the individual user and ERSTE Foundation as agreed.
  4. ERSTE Foundation NGO Academy is used to support courses in electronic form (e-learning) and the cooperation of users.
  5. On the ERSTE Foundation NGO Academy learning platform teaching ressources and activities are provided, to which the user is granted access by acepting this User Policy.
  6. It is the responsibility of the user, to comply with the terms of use of ERSTE Foundation.
  7. At the ERSTE Foundation NGO Academy personal profile user data (such as name and email address) are visible for all users inside the platform, with the purpose of promoting cooperation. The user data represents the currently valid user information as available to ERSTE Foundation.

2. Temporal scope of this User Policy

  1. The regulations come into effect for the users as soon as he/she is authenticated for the first time in ERSTE Foundation NGO Academy joining the closed user group and acceptance the terms of use.
  2. Resulting from the points 4, 6, 7 and 8 obligations of users remain intact even after the loss of the right to use the platform (e.g. completion of the course, staff leaving ERSTE Foundation).
  3. This User Policy is valid until revoked.

3. Jurisdiction

  1. ERSTE Foundation is responsible for providing the learning management system and responsible for organizational arrangements (e.g. maintenance) and the technical support. Support can be contacted via ngoacademy@erstestiftung.org (ERSTE Foundation NGO Academy).
  2. The respective course manager (teacher / subject matter expert / content provider) is responsible and accountable for the contents (teaching materials, ressources, activities, links,...) of a course.

4. Access

  1. The user receives a user name and a password to access and use ERSTE Foundation NGO Academy. When entering a relationship (customers, staff, ...) with ERSTE Foundation (see point 1 b).
  2. The user agrees to not pass his/her access credentials to third parties and to protect them against abuse.
  3. If the user discovers or suspects the misuse of his/her credentiuals he/she is obliged to report this fact immediately to ngoacademy@erstestiftung.org (ERSTE Foundation NGO Academy).

5. Use authorization

  1. All users stated in point 1 b are entitled to use the platform.
  2. The use authorization includes personal access to and personal use of information,teaching materials and communication facilities according to the granted / acquired permissions.

6. Content of the learning management system

  1. The user is obliged to comply with the legislation. The user bear sole and full responsibility for material / content created created and / or uploaded by him/her.
  2. As examples may be cited to point 6:
  3. Section 1: Insultig other users is prohibited.
  4. Section 2: Providing illegal content, pornographic or other content offending good morals is prohibited.
  5. Section 3: intellectual property rights of third parties (including trade marks, copyright and moral rights) are to be respected.
  6. Section 4: It is strictly prohibited for the user to use the learning management system for commercial purposes of any kind without the expressed written consent of ERSTE Foundation.
  7. Section 5: The learning management system is primarily used to support learning, therefore, disruptive behavior (e.g. the exchange of exercise solutions or exams) is prohibited.
  8. The users must not upload viruses, send chain emails or unsolicited e-mail advertisements (spam). It is also forbidden to use malicious software of any kind in the learning management system.
  9. The use of the contents is at the user's own risk.
  10. ERSTE Foundation is not obliged to make postings as well as comments submitted to the user available on the learning management system, especially not in an obvious violation of the above sub-items a to c.
  11. The user grants the operators of courses (teachers) and the system administrator of ERSTE Foundation NGO Academy the right to remove submitted items violating the above sub-items a to c.
  12. Teachers admit the students inside a course the right to use the content provided in ERSTE Foundation NGO Academy for personal use (authorization to use).
  13. Intellectual properties of users, which were uploaded in ERSTE Foundation NGO Academy may be maintained permanently as a basis for evaluation / grading.
  14. The user agrees to keep ERSTE Foundation indemnified and held harmless against third parties in case of violation of applicable laws by the user.

7. Copyright

  1. Each user of ERSTE Foundation NGO Academy expressly approves to comply with applicable copyright laws. In particular for content the user does own the necessary copyrights. The following is prohibited:
  2. Section 1: The production of copies of all kinds (in written or electronic form) of teaching materials and content, no matter what form, except for personal use within the respective course.
  3. Section 2: The publication of teaching materials and content of any kind (e.g. providing download (hosting) outside the learning management system).
  4. Section 3: The use of the provided teaching materials for commercial purposes.
  5. The use of references to teaching materials of the learning management system is permitted in the context of a course with an accurate quote. The source has to be quoted as "ERSTE Foundation NGO Academy" course title teacher or author, and the exact URL of the cited page and the date.(e.g: Source: ERSTE Foundation NGO Academy, course 123.456 Moodle Law, Dr. Doe, http:// ...,01.03.2008)
  6. This user policy is a copyrighted work. Use by third parties without written permission of the author is expressly prohibited.

8. Consequences for breaching the terms of use

  1. Persons become users of ERSTE Foundation NGO Academy on invitation of ERSTE Foundation only. Every user of ERSTE Foundation NGO Academy is obliged to comply with the terms of participation applying specifically to each of the programmes. They are freely available in the learning management system and regulate programme-specific rules concerning in particular the successful completion of workshops or programmes, the reimbursement of travel costs and the cost transfer of accommodation costs. Furthermore they refer to consequences in case of no-shows of registered participants.

9. Consequences for breaching the terms of use

  1. A violation of the terms of use may in addition to any criminal and civil penalties, lead to the withdrawal of the authorization to use the learning management system ERSTE Foundation NGO Academy.

10. Hyperlinks (§ 17 ECG)

  1. ERSTE Foundation is not responsible for external information (Third Party Content), by means of a hyperlink as part of the learning management system.
  2. If the system administrator of the learning management system obtains knowledge of illegal activity or information in the context of linked third-party content, the link will be removed immediately.
  3. If for ERSTE Foundation in relation to claims for damages facts or circumstances arise that make the illegal activity or information in the context of linked third-party content seem obvious, the link in question will be removed immediately.

11. Limitations of Liability

  1. ERSTE Foundation does not guarantee that the learning management system works continuously (24 hours a day, 7 days a week), uninterrupted or error-free, and that errors are corrected.
  2. ERSTE Foundation disclaims liability for the correctness and legality of the teaching materials and content provided by users See points 6 and 7 of these regulations.
  3. ERSTE Foundation disclaims liability for service disruptions and damage to the users hardware or software. This includes any damage accidentally or as a consequence of the use of the learning management system. ERSTE Foundation disclaims liability for any loss of information or delays in the completion of courses in the event of any kind of technical problems with the learning management system.

12. Data collection / data analysis

  1. The data associated with the use of the learning management will be processed solely in the framework necessary for the operation and technical organisation of the learning management system.
  2. ERSTE Foundation and all users are obliged to comply with the applicable data protection law.
  3. Personal data will not be disclosed to third parties.

13. Changes and additions in the user policy

  1. A modification or extension of this user policy may be undertaken by ERSTE Foundation at any time.
  2. In case of an amendment or supplement to this user policy the users receive an electronic message giving him/her the opportunity to acquaint themselves with the new user regulations, and he/she is prompted to accept the new user regulations.
  3. If the user does not accept the new user policy he/she can no longer access the learning management system.

13. Severability

  1. If sections or individual formulations of this text are not, or no longer or not completely correct the remaining parts of the document remain unaffected in their content and validity.

Vienna, 1st January 2016

DIE ERSTE österreichische Spar-Casse Privatstiftung
Friedrichstrasse 10
A-1010 Vienna
office@erstestiftung.org