Terms and Conditions
Aimsun Training and Events
1. Scope and Purpose of these Terms and Conditions
1.1. Introduction
These general conditions are intended to regulate the relationship between the owner of this business, Aimsun SLU (hereinafter, « Aimsun » or « we » or « the Merchant ») or any of its branches, and its customers, under all transactions made through the website with the domain www.aimsun.com, through the Training or Events sections (hereinafter, « the platform »), in relation to the registration for and purchase of Aimsun training courses and/or events. As stated in the Legal Notice, this platform belongs to the owner, who is up to date with its tax and fiscal obligations.
The on-line registration and registration of our services, offered through this platform, is subject to the provisions of the Legal Notice and Privacy Policy. Thus, in the event of a conflict between those and these conditions, the latter will always and in any case prevail.
Essential terms such as platform, transaction, user or customer, visitor and interested party, key to understanding how the platform and our services work, are defined in our Privacy Policy.
1.2 General characteristics of services offered
The services that we offer through Aimsun are the following:
- Courses for beginners in Aimsun Next traffic modeling software
- Courses for experienced users in Aimsun Next traffic modeling software
- Events or users’ meetings organized by Aimsun, either from the head office or its respective subsidiaries
– The courses are taught by Aimsun employees who are experts in the subject matter.
– The courses have limited places and are carried out in small groups to ensure the best possible level of student-teacher communication.
– The courses may undergo modifications at any time, such as the title of the course, order of presentation or course materials.
– If the time or dates of the course are changed, Aimsun will inform registered participants in a timely manner.
– In cases of force majeure, on-site courses may be changed from on-site to online format, guaranteeing the same content.
1.3 Service customer information
Aimsun undertakes to include the following information clearly and conspicuously on its platform:
(i) the Payment Scheme’s name or brand mark to indicate that Payment Scheme’s acceptance;
(ii) a complete description of the services offered by Aimsun and the applicable terms and conditions, which will also be displayed to the Buyer during the order process;
(iii) a complete description of the refund, return and cancellation policies, and clear communication of limited refunds due to late cancellation;
(iv) “click to accept” button, or other acknowledgment, evidencing that the Buyer has accepted the return/refund policy and/or any relevant terms and conditions;
(v) Aimsun’s service contact information including email address or telephone number;
(vi) Aimsun’s permanent business address including the country;
(vii) transaction currency;
(viii) export restrictions (if known);
(ix) delivery policy, and special delivery policy, if any;
(x) Merchant’s country, which must be provided to the Buyer during the payment process;
(xi) Consumer data privacy policy; and
(xii) security capabilities and policy covering transmission of payment card details when the Payment Method used is a credit/debit card, or any other sensitive Buyer’s details in relation to other Payment Methods.
2. Payment processing
Information regarding the treatment of customer data is covered in the Privacy Policy.
The customer can contact Aimsun at info@aimsun.com for support regarding any aspect of the payment process or services offered.
3. Fees
The final price of the transaction will be indicated in the payment form before the User makes the payment and contracts the course, training or registers for the event in question. At that time the user will be shown all the amounts to be paid, related to the course, taxes and additional costs, if any.
4. Applicable taxes and additional expenses
These prices are listed without taxes included in the cost since the applicable taxes depend on the location of the course and the country of origin of the customer taking the course.
The registration fees include instruction, the use of our software for the duration of the course, and training material. Accommodation or travel costs are never included.
Unless otherwise stated, the participants must provide their own computers. For online courses, we list the equipment and technical specifications required in the course information.
In the event that any additional material or activity has to be paid for, this will be described in the particular conditions of each course and you may choose not to take it.
5. Registration and Acceptance of Conditions
User or Customer Registration
It is not necessary to register as a user on our platform in order to register for our courses or training. However, you must provide all the information that we request and that will always be relevant, in accordance with the provisions of the European Regulation on the Protection of Personal Data 679/2016, of April 27 and the provisions of the Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights. The data we ask you for are essential to be able to process the service correctly. In order to register for our events you must expressly accept our Privacy Policy and these conditions.
If you expressly authorize us at the time of registration, we may also send you, where appropriate, any offer, promotion or information that may be of interest to you.
Acceptance of the transaction and these terms and conditions
According to the provisions of Article 23 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, as a professional User, the confirmation of the contracting of services will be made through the activation of the button « I have read and understood the terms and conditions » that will appear before you proceed to finalize the registration to the event or training and/or purchase of any of our services.
Once you expressly accept our terms and conditions, you enter into a contract with Aimsun and become a Client.
6. Invoicing
Our platform automatically issues a confirmation email for the course or event as soon as it is contracted. In addition, within approximately one week, we will send you an invoice in digital format (PDF) with the details of the subsidiary responsible for the billing depending on the territory corresponding to your tax address, via the email address provided in the registration.
If you have not received the corresponding invoice within this period, please contact us to claim it at info@aimsun.com.
7. Cancellations and refunds
Please notify us immediately at info@aimsun.com if it becomes necessary to cancel your registration.
The following cancellation fees may apply for the training course: 15+ days before the start date: no cost; 14 – 5 days before the start date: 50%; fewer than 5 days before the start date: 100%.
You will not be able to change the course or the date of the course, once contracted, if you give less than 15 days’ notice of the scheduled date of the course. If you do not give such notice and do not want to take the course, Aimsun will only offer the possibility of changing it to another date and location or taking another course with similar characteristics or prices.
Once the course has started, we will not refund the cost under any circumstances.
If you have any doubts or disputes, you may contact us by the means indicated in these terms and conditions or in our legal notice.
Right of cancellation
You are only entitled to terminate this contract: (i) when this is required by law; (ii) when it arises from a breach of contractual or regulatory clauses giving entitlement to do so.
Right of withdrawal
Individual users, i.e., individuals who contract a course in their own name (not on behalf of a company or because a company pays them for the course) who contract a course, have the right to withdraw from this contract or purchase within fourteen (14) calendar days of contracting it. To do so, they must notify the following e-mail address: info@aimsun.com.
The above will not apply, however, when the course has limited places and the course is scheduled and/or the user registers within fourteen days of the beginning of the course.
8. Aimsun Policy on Recording Online Training Courses
All the materials prepared by Aimsun that are provided or presented in the training course are subject to copyright protection. This includes, but is not limited to, slides, handouts, diagrams, models, computer programs, databases, and audio and video recordings.
The recording by any means (audio, video or screenshots) of material prepared by Aimsun and presented, offered or distributed by the Aimsun trainer during the course is explicitly prohibited and subject to a copyright infringement action brought by Aimsun, as copyright owner.
The Aimsun trainer’s presentation is not subject to copyright protection because it is not fixed in any tangible medium of expression from which it can be perceived, reproduced or otherwise communicated. However, the Aimsun trainer has a privacy interest in the unauthorized recording of their oral lecture presentation, and therefore the recording of their oral presentation is also prohibited and would be subject to a privacy infringement action brought by the Aimsun trainer.
9. Customer Service – Contact Details
To contact customer support at any Aimsun branches organizing courses or events, you can use the same email address: info@aimsun.com.
The full contact details, including phone numbers and addresses for all of our branches worldwide are listed above in Invoicing Entities and are also available on our website.
10. Your Data – Privacy Policy
According to the European Parliament Regulation 679/2016, of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and the Organic Law 3/2018, of 5 December, on the protection of personal data and the guarantee of digital rights, Aimsun SLU informs you that it retains your personal data as a client of the company. These data are for administrative purposes, including billing, invoicing, follow-up and customer service for clients of Aimsun SLU. For more information on how we use your data and how to exercise your rights, please refer to our Privacy Policy.
As regards the use and treatment of your image, Aimsun SLU complies with the provisions of Organic Law 1/1982, which protects the right to honor and the image, ensuring its protection and only using it for promotional purposes, to be published by the company on the company website or social media pages by express agreement from the customer.
Aimsun may capture your image as an attendee to our courses for informative or promotional purposes on our website, catalogs, social networks, own media or third parties (see our Privacy Policy for more information). However, we will only capture your image if you have expressly authorized us to do so at the time of registration for the course.
11. Governing law
In the event of any conflict or discrepancy arising in the interpretation or application of these contractual conditions, the courts and tribunals that, where appropriate, will hear the matter, will be those provided for in the applicable legal regulations and, where appropriate, those of the city of Barcelona (Spain), waiving any other jurisdiction that may correspond to them.
When the dispute arises from the class given in situ or online by the Aimsun subsidiaries of Aimsun SARL (based in Paris, France), Aimsun Inc (based in New York City, NY, USA), Aimsun Ltd. (based in London, UK), Aimsun Pty Ltd (based in Sydney, QLD, Australia), Aimsun LLC (based in Abu Dhabi) or Aimsun Pte. Ltd. (based in Singapore), the laws of that country shall apply.
12. Responsibilities
User’s Responsibilities
(1) You, the user, guarantee the accuracy of the information provided, expressly exempting Aimsun from the consequences and damages that the inaccuracy of this may cause to third parties.
(2) You, the user, agree to pay for the course in accordance with the conditions set out in our website and what is established in these conditions. In the event that the amount is not paid within the period and conditions established, Aimsun will not be able to guarantee your place in the course, since places are limited for each training or event.
Responsibilities and exemptions of the platform owner
Aimsun does not assume the obligation and does not have the technical means to verify the true identity of the people or entities who register for the training or event. Therefore, the owner shall in no case be liable when a case of usurpation of the registrant’s identity occurs.
Aimsun reserves the right to reject any registration or registration request whose content does not conform to the purposes of this platform, or that violates any of our policies.
Meaning of the acceptance of these terms and conditions
Acceptance of these conditions means:
(1) That you will be able to enjoy the course in accordance with the provisions of these terms and conditions and the platform.
(2) That you agree to comply with these terms and conditions and to abide by them at your sole risk.
Aimsun has the express confirmation that you made at the time of purchasing the course, so we can be certain that you accepted our conditions. If the conditions are not accepted, we cannot register you as a participant in any of our training courses.
13. General Conditions Applicable to the Contracted Services
Right to change prices
Aimsun reserves the right to modify the cost of the prices of the courses, meetings or events on each occasion, these prices not being modifiable once they have already been contracted.
Right to change locations
Aimsun reserves the right to modify where the courses will be held, within the same city where the course was planned to be held, but changing the location or place for its realization due to issues related to the number of attendees, situations due to causes of the location itself (hotels or centers that cancel their availability for reasons beyond Aimsun’s control).
14. Duties and Obligations
Duties of the Customer
The Customer agrees not to violate any of the conditions applicable to them under the provisions of these terms or the rest of the legal notices applicable to this platform.
The customer undertakes to make lawful use of our services, without infringing current legislation, or harming the rights and interests of third parties, subject to the provisions of these conditions, the legal notice and the privacy policy, when applicable.
General Aimsun Rights
Aimsun reserves the right to limit the participation of users who behave or have previously behaved in violation of the rules or in violation of the provisions of our legal conditions without prior notice.
Aimsun reserves the right to modify or interrupt, in whole or in part, access to the system temporarily, when required by the system for maintenance, upgrade or repair. To the extent possible, we will notify our Users of such situations well in advance.
Limitations and Disclaimers of Aimsun’s Liability
Aimsun does not control the timeliness, truthfulness or accuracy of the data provided by the platform users through our website during the registration process and is not responsible for inaccurate or invalid information derived from an error from the source from which that information was extracted.
Thus, by way of example and not exhaustive, Aimsun shall not be liable in any case in the event of
(1) Errors or confusions related to names, data or information derived from errors in the original pages or sources from which they were extracted or consulted by customers who then use Aimsun to carry out the appropriate transaction.
(2) Lack of detailed information on a certain course that depends on the judgment of third parties.
(3) Misuse or abuse by the User of the information obtained from our services, such as misinterpretations of the same, or misinterpretations or misuse of the information extracted from another platform.
(4) Damages or losses that have occurred as a result of the use of information obtained from our services, from information provided by Users or from third-party platforms, for example, from which information on courses has also been obtained.
15. Code of Conduct
Users’ correct behavior is essential for the proper functioning of the platform. Below is the code of conduct that they must have to access and use the Platform, expressly stating that compliance with the following is an essential condition for the use of the application.
Code of Conduct for Users
(1) Users declare under their sole responsibility that they will act in compliance with the applicable regulations, in a responsible, respectful, diligent manner and in full good faith.
(2) The User will have their web camera activated at all times. This is to ensure that the user is present throughout the course so that the trainer can issue the certificate of attendance in good faith at the end of the course. If the User does not activate their webcam then Aimsun cannot issue a certificate of attendance.
(3) In the event that the User has access to confidential information of Aimsun or another user, in connection with these terms and conditions of contract, the User agrees to use it exclusively for the purposes for which they were disclosed, always respecting such confidentiality.
(4) In the event that Users detect any anomaly or malfunction of the platform or services offered by Aimsun, the User may notify the following email: info@aimsun.com
(5) With respect to the use or publication, as the case may be, of contents both displayed on the platform and delivered for the delivery of the courses, the Users shall undertake to respect the following rules or standards:
- Respect the rights of the owner of the platform and the rights of third parties related to intellectual and industrial property, described in the Legal Notice, and may not use the materials to redistribute them or make a lucrative own use or take advantage to teach courses on the same subject using the material of Aimsun, generate new material based on this information, and may not become trainers without authorization from Aimsun.
- To have the corresponding authorization in case of publishing images or contents of third parties or minors.
- Respond for damages caused to third parties for infringement of industrial and intellectual property rights and hold Aimsun harmless at all times.
Prohibited Conduct for all Users
The User is expressly prohibited from the conduct described below:
(1) The User may not register and use the Platform without sufficient capacity to do so.
(2) The User may not create false identities, act on behalf of third parties without sufficient power or legitimacy and/or impersonate the identity of others, in the same way as the illegal use of data. In that sense, in no case may the services of the platform be used to access or attempt to access the accounts of other Users; penetrate, or attempt to penetrate, the security measures of Aimsun, of the software or physical endowment of another entity, of the electronic communications system, or telecommunications system of the system. It is forbidden to carry out misleading activities with the purpose that the person receiving it acts on them or from them, causing them harm.
(3) The user may not enter false personal data; your data must be accurate and truthful.
(4) The User may not misrepresent the truth, falsify documents, signatures, violate applicable laws, regulations or rules. In particular, the platform may not be used for purposes related to child pornography, child abuse, mistreatment, affecting minors, their relatives and/or third parties.
(5) The User may not violate the predetermined rules and processes for accessing and using the Platform or employ methods that may cause damage to the Platform or third party systems.
(6) The User may not use the Platform for purposes other than those for which it is intended.
(7) It is not permitted to contact other users or to use the data provided by other users as a result of the courses or events provided, for purposes that violate the law.
(8) You may not use the material or access to the platform to offer services for your own benefit, for profit and in violation of the provisions of these terms and conditions or the law, performing any action that commercializes material, products or services that, as a result of access to our materials, is or becomes unlawful, libelous, defamatory, harmful, vulgar, obscene or otherwise objectionable.
Aimsun’s Conduct
Aimsun’s Duties
(1) Aimsun undertakes to treat User data in accordance with the provisions of the regulations and our Privacy Policy.
(2) Also, Aimsun is committed to act with honesty and professional responsibility, indicating as much information as possible regarding our services, as clearly and transparently as possible.
(3) Aimsun undertakes to assist Users with any requests, doubts or complaints they may have, following the procedures for contacting or submitting requests or complaints established in our legal policies as a whole.
(4) Aimsun works to ensure that the Platform and the services offered through the Platform operate correctly and securely.
Aimsun’s Rights
In the event that a breach by any user of the duties set forth in these conditions is detected, Aimsun may suspend the service, as well as prohibit participation in any subsequent courses.
16. Intellectual and Industrial Property
All rights to the content published on our Platform relating to the services we offer are protected by copyright and trademarks.
In this sense, the contents, images or logos are owned by Aimsun or by persons or companies that have expressly authorized us to publish them, or are subject to licenses that allow us to make appropriate use of these materials.
In general, the reproduction, transformation, distribution, public communication, making available of the contents of this platform or web page without the written consent of Aimsun is expressly prohibited.
Any partial or total reproduction of the content by any process and on any support is subject to prior and express authorization from Aimsun, with the limitations and authorizations already contemplated also in our intellectual property policy, contained in the Legal Notice of our platform.
17. Modification of Conditions
Aimsun reserves the right to modify, at any time and without prior notice, the General Terms and Conditions due to market circumstances or legal or justified reasons.
As a User you will always have these Conditions in a visible place, freely accessible for any queries you want to make. In this sense, you should read them carefully each time you access the Platform. In any case, the acceptance of these conditions will be a prior and indispensable step to the hiring of any service available through the Platform