Updated 29 March 2023
I. TERMS AND DEFINITIONS
- 365 Company - means „365 Company” OOD, a limited liability company, incorporated and existing under the Laws of the Republic of Bulgaria, registered with the Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency in the Republic of Bulgaria under Unified Identity Code 205339138, VAT number BG205339138, having its seat and registered office in: ap. 1, 1st floor, 1 “Hristo Belchev” Street, Sredets District, 1000 city of Sofia, Republic of Bulgaria, represented by Nedko Todorov Krastev, in the capacity as Managing Director, phone: +359887742780 email: firstname.lastname@example.org, which is the service provider, owner and administrator of the Platform.
- 365 Data Science – is a service developed and offered by 365 Company.
- Users – individuals who visit the Platform and/or use the functions and the Services provided through the Platform and who want to purchase the rights to use online courses, training videos and other study materials related to them which are uploaded to the Platform. The User must have legal capacity and must have reached 18 years of age or the age of consent for online services in his/her country to use the Platform. Minors are not allowed to use the Services provided on the Platform.
- Account – means the private account of the User in the Platform which allows the User to purchase the rights to use online courses, training videos and other study materials related to them which are uploaded to the Platform and to use the Services provided through the Platform. The private account of a User contains information about the User and history of some of his/her actions in the Platform (orders, tax invoices, etc.).
- Services - means explicitly described on the Platform services related to granting of rights by 365 Company to the Users to use a training program containing online courses and materials related to them which are uploaded to the Platform against payment of a certain subscription price by the Users.
- 365 Company’s Marks - means the names, trademarks, trade names, drawings, logos and symbols which 365 Company uses to promote and identify the Platform and any incorporated and derivative products which may be disclosed to the User.
- Writing - includes letter, facsimile transmission, email and comparable means of communication.
- Party - means either 365 Company or the User.
- Parties - means both 365 Company and the User.
- Third parties - means any other persons, organisations and authorities, besides 365 Company and the User.
II. DATA OF 365 COMPANY
- Information according to the Bulgarian Electronic Commerce Act and the Consumer Protection Act:
- 1.1. Name of the service provider: “365 Company” OOD;
- 1.2. Seat and registered office: ap. 1, 1st floor, 1 “Hristo Belchev” Street, Sredets District, 1000 city of Sofia, Republic of Bulgaria;
- 1.3. Address for exercising the activity and address for submitting complaints from Users: 19 “Vitosha” Street, Sredets District, 1000 city of Sofia, Republic of Bulgaria;
- 1.4. Correspondence data: email: email@example.com, telephone number: + 359 887742780;
- 1.5. Entry in public registers: in the Commercial Register and the Register of Non-Profit Legal Entities under Unified Identity Code 205339138;
- 1.6. Registration under the Value Added Tax Act: VAT number BG205339138;
- 1.7. Supervisory authorities:
Commission for Personal Data Protection:
Address: Sofia, 2 Prof. Tsvetan Lazarov Street,
tel.: (02) 940 20 46
fax: (02) 940 36 40
Email: firstname.lastname@example.org, email@example.com
Consumer Protection Commission:
If, as a consumer within the meaning of the Consumer Protection Act, you believe that we have violated your rights as a consumer, you may file a complaint with the Bulgarian supervisory authority, which is the Customer Protection Commission. More information can be found at: kzp.bg. You can also file a complaint in the country where you live, at your place of work or in a place where you think we are violating your rights.
Address: city of Sofia, post code. 1000, 4A Slaveykov Square, 3rd, 4th and 6th floors,
tel .: 02/980 25 24
fax: 02/988 42 18
hotline: 0700 111 22
III. REGISTRATION OF A USER’S ACCOUNT
- Access to the Platform is free of charge but in order to use the Services provided through the Platform, as well as the full functionalities of the same, the Users must have registered an Account. Registration is required in order to be able to use its features. Users can not use the Platform before registering and creating an Account of the Platform, they may also visit and view the general information about the Services provided through the Platform.
- The registration of a User Account in the Platform requires the completion by the User of a registration form on the Platform. In the registration form it is necessary for the User to enter the User’s data, including full name, email address and password, as well as other required data according to the registration form on the Platform which will be stored in the system of 365 Company. The Platform provides possibility at the discretion of the User for providing additional information about the User such as links to social networks accounts and other.
- The registration in the Platform can be made by logging in with the User’s accounts in social networks, such as Facebook, Google and LinkedIn. The User should press the appropriate button and select the relevant Facebook, Google or LinkedIn account, which he/she wants to use for the registration of a Platform Account. The User is then required to enter a remote access password.
- After filling in the mandatory data in the registration form on the Platform, 365 Company sends a confirmation to the User by email to the email address specified by the User for successful registration of the Account, and sends a link to access the User's Account, which the User must activate by logging in to his/her Account by clicking on the link in the sent email. After activation of the Account, an Account of the User is created and a contractual relationship arises between him/her and 365 Company.
- In case an account in a web social network or other networks is used for registration of the User’s Account on the Platform, a party to the contract is the person who is the holder of the profile/account in the respective social or other network used for the registration. In this case 365 Company has the right to access the data necessary to identify the User in the respective social or other network.
- After successful registration and activation of an Account, the User can access his/her Account on the Platform by entering the email address and password for access specified by him/her during the registration. After successful registration, the User will have the opportunity to change the data, if necessary, in the section provided for this in his/her Profile on the Platform.
- With the act of registration, the person who made the registration declares and guarantees that he/she is not incapacitated or a minor and that he/she has used his/her real identity and data during the registration.
- The User is responsible for the data and information filled in and requested by him/her through his/her Account on the Platform, as well as for those provided by phone to 365 Company, if any.
- Persons who are minors are not allowed to register an Account and / or purchase the Services offered on the Platform.
- Upon registration, the User undertakes to provide accurate and up-to-date data. Each person performing registration is responsible for incorrect and/or incomplete filling in of data and information in the Platform. 365 Company is not responsible if the User or a Third Party has filled in incorrect and/or false data at the time of registration or at a later stage, including in all cases when 365 Company is unable to provide any of its Services as a result of incorrect contact details or other incomplete or incorrect information about the User.
- The User is responsible for all actions performed through or arising as a result of using his/her Account. The User undertakes not to provide the data for access to his/her Account (email address and password) to persons who he/she does not wish to perform actions on his/her behalf and for his/her account. If the User provides them to a person, it is considered that he/she has authorised him/her to perform actions through his/her Account on his/her behalf and for his/her account. In this case, the User is responsible for the actions of this person as his/her own.
- The User is responsible for the data and information filled in and requested by him/her through his/her Account on the Platform, as well as for the ones provided by phone to the Provider, if any.
- The User is obliged to notify 365 Company of any change in the data he/she has provided to 365 Company upon the registration of Account or at a later stage. In case of non-fulfillment of this obligation 365 Company is not responsible for providing its Services when using incomplete or inaccurate data, issuing documents with incorrect data or any other actions. In this case, the User is liable for paying the subscription price ordered through the Platform, as well as for any additional costs, damages and lost profits incurred by 365 Company and / or Third Parties as a result of incorrect information entered by the User or lack of subsequent notification according to this clause.
- In all cases, the User is responsible for the payment of all Services ordered through the Platform, as well as for any additional costs, damages and lost profits incurred by the Provider and / or Third Parties as a result of incorrect information entered by the Customer or lack of subsequent notification pursuant Item 19 above.
- The provisions of this section regarding the requirements for the persons who can register an Account on the Platform, as well as the obligations that arise for the Users regarding the provided data and information apply accordingly to all cases of ordering through the Platform of subscriptions by the User, who does not have a registered Account on the Platform, if any.
IV. SUBSCRIPTION PLANS
- 365 Company offers the User a free subscription with limited access to the content on the Platform.
- In order to have access to and use all courses, topics, materials and services provided on the Platform, the User should purchase a subscription plan. 365 Company offer three types of subscription plans with different period of duration, namely:
- Monthly subscription;
- Quarterly subscription;
- Annual subscription.
- For the period for which the User subscribed for, the User has access to all materials on the Platform and there is no difference between the components of the Services, including the study materials, included in the different subscription plans described in Item 2 above, except the additional service described in Item 4 below relating to annual subscription plan. The subscription plan the User pays for includes all study materials uploaded on the Platform, as well as all new study materials which will be uploaded on the Platform during the period of the subscription plan.
- The Users who purchased the annual subscription plan will receive an additional service named “Career Support” which includes Portfolio advice and Resume feedback. This service is not active on the Platform and should be additionally requested by the User who purchased such an annual subscription plan to 365 Company.
- The User may use the interface of the Platform to place an order and enter into contracts with 365 Company for purchase of a subscription plan for using Services offered on the Platform.
- In order to place an order for purchase of a subscription plan offered on the Platform the User must be logged into his/her Account and must comply with the following procedure and must follow the instructions of the standard order form of the Platform at the time of the order, which instructions may be changed from time to time, namely:
- 7.1. Choose a subscription plan;
- 7.2. Get acquainted with the information about the subscription plan content;
- 7.3. Click "Get" button or another similar button;
- 7.4. Choice of method and moment for payment of the price of the selected subscription plan;
- 7.5. Providing the necessary data for individualization of the User as a party to the contract and/or for making the payment;
- 7.7. Confirmation of the order through the interface of the Platform;
- 7.8. Follow other steps described on the Platform, if any;
- After clicking the "Pay” button or any other similar button by which the User confirms the order with an obligation for payment, it is considered that the User has placed an order to purchase a subscription plan selected by him/her. Placing an order by the User represents a proposal for conclusion of a contract for purchase of a subscription plan addressed to 365 Company. By the placed order the User makes an irrevocable statement that he/she wishes to purchase the selected by him/her subscription plan and undertakes to pay its price. By the order the User gives his/her consent for the price of the ordered subscription plan to be withdrawn from the User's card immediately after the order.
- Before confirmation of the order by the User by pressing the "Pay” button or any other similar button by which the User confirms the order with an obligation for payment, the User has the right by using the technical mechanisms provided on the Platform as pressing the "Cancel order" button or other similar button to cancel the order.
- By completing the order, the User allows 365 Company to contact him/her in any possible way, when this is necessary in connection with the order or the contract.
- 365 Company is not responsible for incorrectly or false data filled in upon placing an order. In case of incorrect or false data filled in, including incomplete, incorrect or wrong names, address, bank/card details and/or contact details, 365 Company is not responsible for inaccurate fulfilment of its obligations to the User.
- The User is responsible for the data filled in by him/her in the Platform and the data provided by phone or email to 365 Company, if such any. In case it is established that a person has filled in / provided data to a Third party without his/her consent, this person is jointly and severally liable with the Third party for the price of the ordered subscription plan. The User is responsible for the accuracy and completeness of all data about the purchase, which he/she requested through the order.
- 365 Company has the right to refuse providing Services in case of suspicions that the User does not meet the requirements for using Services and purchasing a subscription plan relating to them (for example, the User has no legal capacity, is minor, has entered incorrect data or for any other reason is not entitled to purchase Services on the Platform).
- The User and all persons to whom the User has provided his/her data for access to his/her Account, are responsible for orders placed through the User's Account in the Platform. The User is responsible for all activities that occur as a result of using his/her Account. The User undertakes not to provide his/her email address and/or password to persons who do not wish to place orders on his/her behalf and on his/her account. If the User provides them to a person, it is considered that he/she has authorised him/her to place orders on his/her behalf and for his/her account and undertakes to pay the price of the subscription plans ordered by such person.
- The images of the Services on the Platform are informative and guiding. These images are only intended to create some general idea of the type of Services offered, not to present it accurately or to illustrate it. 365 Company is not responsible and does not owe compensation to the User in case of inaccuracy and / or incompleteness of the images and descriptions of the Services.
- The User is obliged to get acquainted with the description of the respective subscription plan before ordering it. In case of need for additional information, the User may contact 365 Company by phone or email. 365 Company is not responsible and does not owe compensation to the User if the User has not previously acquainted himself/herself with the specifics of the selected subscription plan.
- For avoidance of doubt, an order takes effect in respect of 365 Company and the order is considered completed after the User has paid 365 Company the price of the entire ordered subscription plan in accordance with section V below. Without payment being made, the order is not considered completed and for 365 Company does not incur obligations in connection with the performance of the Service. Upon completion of the order, the person who placed the order declares and guarantees that he/she is not incapacitated or a minor, and that he/she uses his/her real identity and data in order execution.
- The contract for purchase of a subscription plan is considered concluded and the order is considered accepted by 365 Company from the moment of confirmation of the order by 365 Company. From that moment 365 Company is obliged and will deliver the Services to the User.
- After receiving payment due for the placed order, 365 Company confirms the order by sending to the email address specified by the User an email having the nature of confirmation of the order, without undue delay after the User has placed the order and makes the due payment. In case 365 Company does not send such an email, the order is not considered accepted by 365 Company, 365 Company is not considered bound by the order and has no obligation to deliver the ordered Services.
- Confirmation email is sent to the email address specified by the User. In case the User has not entered a valid and correct email address, the order cannot be confirmed and will not be considered accepted.
- In case of impossibility to provide the subscription plan due to a technical or other problem, 365 Company will contact and inform the User at the email address specified by him/her with information about the possibilities for replacing the ordered subscription plan with another as alternative options that do not bind the User and he/she may not accept them, or 365 Company will restore the amounts paid for by the User, if any.
V. PRICES AND METHODS OF PAYMENT
- Prices, methods and terms of payment are described in detail in the Platform.
- For Users from Bulgaria the prices of subscription plans are paid in Bulgarian leva. The currency can be determined by the User's IP address and is predefined for each service, for which payment is due.
- The price of the subscription plan is the final price including all taxes and fees, unless otherwise stated in the Platform.
- Prices are current as of the date of the order and are the ones indicated on the Platform at the time of placing the order by the User, except in cases of obvious error. In case of an obvious error, 365 Company reserves the right to notify the User of the actual price of the subscription ordered by the User.
- The final amount due by the User is the sum of the price of all subscription plans that the User has ordered.
- Payment of prices may be executed through payment methods, explicitly listed in the Platform.
- By ordering a subscription plan, the Customer undertakes to pay the price of this subscription plan.
- Payment of the price allows the User to use his/her Account and the corresponding service in the future for the period that was paid for (monthly, quarterly or annual subscription). The right of use occurs after payment of the relevant price. The User is entitled to use the Services only for the period for which he/she has paid the price in advance. The User is not entitled to use the Services for which he/she has not paid in advance.
- 365 Company does not owe provision of the Services through the Platform, for which a subscription plan is not explicitly ordered and paid by the User.
- The Platform may provide discounts for the subscription plans offered on the Platform, in accordance with the requirements of the applicable legislation and rules set by the Platform. The rules applicable to such discounts are available at the place where the discount is displayed. Discounts can be provided through promo codes, coupon codes or in other different forms (e.g. promotions, loyalty discounts provided individually, randomly or as a result of participation in a competition or customer survey).
- Different types of discounts cannot be combined when ordering and purchasing the same subscription plan.
- The Platform provides the Users with a function in the User’s Account to unsubscribe from the subscription plan already ordered and paid by the User. In this case the User who unsubscribed from a respective subscription plan continues to have access to the free subscription plan as well as to the entire Services provided with the unsubscribed subscription plan until the period for which the User subscribed for has expired.
- After the expiration of the period of the subscription plan purchased by the User and in the event that the User does not wish to use the 365 Company’s Services any more, he/she may suspend payment for future periods. The User agrees that when he/she has not paid the price for Services in the future, he/she does not wish to use 365 Company’s Services in the future and 365 Company shall be entitled to immediately remove the User's Account from its database, prohibit the User from accessing his/her Account and delete any information, correspondence and materials without owing the User any notification, warning or compensation.
- In the event that the User fails to pay due prices or fulfil any other obligation in time, 365 Company may terminate the access of the User to the Platform without any notification, warning or compensation due to the User. 365 Company shall not be obliged but has the right to store information from the User Account in case of User failure to pay prices or fulfil any other obligation in time.
- All subscription plans offered on the Platform are subject to a 30-days refund period starting from the date of receiving access to the Services after payment of the respective subscription plan and receiving an email confirmation of the order for it by 365 Company pursuant Items 20 and 21 of Section IV above. The User is entitled to exercise this right in accordance with Section XIV below. If such request is made within the term specified in the previous sentence, 365 Company will refund the entire amount paid by the User for the respective subscription plan and 365 Company is entitled to suspend the provision of the Services included in this plan to the User from the moment of refunding the respective amount paid for it. After expiration of the refunding thirty (30) days period 365 Company does not owe refunding of any sums already paid. Even if the User decides to discontinue unilaterally the use of a Service, such termination shall be deemed to have come into force upon expiry of the period for which he/she has already paid for and 365 Company shall not owe refund of amounts already received.
- Payment is made by Users by debit or credit card through a virtual POS terminal of a licensed intermediary specified in the payment rules published on the Platform or by the online payment system PayPal. 365 Company has the right to add ways to pay for the Services through integration with Third parties. The full list of 365 Company's partners in this regard can be found in the Payments section of the User Profile and/or on the Platform.
- If the User chooses a payment method involving a Third party - payment service provider, the User may be bound by the terms and conditions and / or fees of such Third party. In this case, the User agrees and accepts the rules and policies for using the services of Third parties - partners of 365 Company, through which the payment is made.
- 365 Company shall not be liable if a payment method involving a Third party - payment service provider is not available or otherwise does not function for reasons that cannot be attributed to the fault of 365 Company.
- The User understands and agrees that when paying by bank card or other means of electronic payment, the User may be charged by bank, transfer or other fees / commissions, determined unilaterally by the respective bank / payment institution.
- The User explicitly agrees that 365 Company may charge User payment methods (such as credit card, debit card or other method available) for any applicable fees. If 365 Company cannot charge User’s payment method for any reason (such as expiration or insufficient funds), User remains responsible for any uncollected amounts, and 365 Company will attempt to charge the payment method as User may update his/her payment method information. If 365 Company is unable to successfully charge the User’s credit card or payment account for prices due, 365 Company reserves the right to revoke or restrict access to the Services provided, delete or terminate User Account. 365 Company shall not be deemed liable for any losses, damages, etc.
- The User confirms that he/she is aware of and agrees that 365 Company has the right to change at its own discretion, at any time and without notice the price for different subscription plans and such changes will not affect orders for subscription plans that have been already paid by the User at the time of the change.
- All bank fees, bank commissions, exchange rate losses or commissions on currency exchange and other costs and fees related to payments are at the expense of the User. The User undertakes to perform all necessary actions and to pay all necessary accompanying fees and expenses so that 365 Company receives the full amount of the price of the ordered subscription plan.
- If the User wishes to receive an invoice for the amounts paid, he/she must explicitly state this through the Platform and provide data on the completion and issuance of the invoice. The User agrees to receive an electronic invoice at the email address he/she has indicated for correspondence or uploaded the invoice in the Account of the User
- In case the User requests the issuance and has the right to receive an invoice or other accounting document for payment made by him/her at the price for subscription plan, the User is obliged to provide all necessary information for the issuance of an invoice in accordance with current applicable legislation, when registering an Account on the Platform or when placing an order for the purchase of a subscription plan, including but not limited to full name, a personal identification number and a permanent ID card/passport or any other identity document address.
- After completing each course from the online training program of data science provided on the Platform the User automatically receives a course completion certificate (as many certificates as the individual courses offered in the program and completed by the User) uploaded on the User’s Account with downloadable functionality from the User.
- After completing the whole online training program of data science provided on the Platform the User automatically receives a final Certificate of Program Completion certifying the successful completion of training in data science which certificate has an unique verification number. The Certificate of Program Completion will be uploaded on the User’s Account with downloadable functionality from the User.
- Users are entitled to share their achievements and to add their certificates under Items 1 and 2 above of this Section to their LinkedIn profile.
VII. CONTENT OF THE PLATFORM
- User data is stored in a Platform database as well as locally on the User’s personal device.
- Users are responsible for the information provided through the Platform. The Users who provide and enter the information are responsible for all actions and omissions performed through the Platform.
- 365 Company is an administrator of the Platform. 365 Company is not responsible for the content provided and/or entered by the Users and Third parties-instructors in their Account and on the Platform, for the accuracy and correctness of the data and material entered, for any other data and material entered, published or provided by Users and Third parties, including comments and content of communication between Users, Third parties-instructors and any other Third Parties, as well as copyright on images or other intellectual property included in study materials uploaded by instructors. Users are solely responsible for all published data and material that violates the rights of Third parties or are in conflict with the applicable legal regulations. All claims related to violated personal rights or copyright or other rights should be brought against the person who posted them.
- Study materials, training videos and all other information and materials relating to the training program and online courses included in it are created and provided to 365 Company by Third Parties - instructors. 365 Company does not control and is not responsible for the content of the study materials, training videos and all other information and materials relating to the training program and online courses included in it which are uploaded on the Platform, including in all cases where their content, contains errors and / or incompleteness, and / or violates the law and / or intellectual property rights and/or other rights of Third Parties. Third Parties - instructors are responsible for all information and data created by them and provided through the Platform, including for all circumstances described in the previous sentence. In case the User has questions regarding certain information related to the study materials or any part of the training program, 365 Company has the right to direct the User directly to the respective Third Parties - instructor responsible for creation of such material.
- The Users accept and agree that the Third parties - instructors are liable to the User for the circumstances specified in Item 5, and all claims of the User in connection with such damages should be addressed directly to the relevant Third party- instructor. 365 Company may assist in its settlement of disputes between the User and the Third party-instructor, if the User sends information about the dispute to the email of 365 Company: firstname.lastname@example.org
- 365 Company is not responsible whether the User's data is up to date, whether it is truthful and contains a full description of the person according to criteria provided in the Platform.
- Persons who use the Platform and enter data and information are responsible for obeying the applicable law in the field of copyright protection, protection of lawful competition, consumer protection and data protection law. All claims relating to the authenticity and veracity of the entered data and material must be submitted to the User who entered the information/materials.
- 365 Company does not guarantee that all data is up to date. The responsibility for updating the data is the Users’ themselves. All claims regarding the content and accuracy of the data and information should be brought against the person who posted them.
- Other Users of the Platform may comment, give an opinion or otherwise rate the User. The responsibility of the actions and omissions of the User, performed through the Platform, is entirely on the respective User. The responsibility for actions, omissions and comments of Users of the Platform lies to these Users. 365 Company is not responsible for whether the comments, opinions and / or otherwise given assessments of the persons who made them are correct and whether they meet the requirements of morality and good manners. The User agrees that all claims should be made against him/her, respectively by the User directly to the persons who commented, gave an opinion and / or assessment.
- All relations of the User with Third Parties are settled on behalf of and on the account of the User, unless 365 Company has made an explicit commitment in connection with these relations.
VIII. RIGHTS AND OBLIGATIONS OF THE USERS
- The User is entitled to:
Liability and obligations of the User
- The User shall refrain from using or from claiming any rights in or to the names 365 Company or any other registered or unregistered trademark or trade name of 365 Company for any purpose.
- The User is prohibited from using or allowing Third parties to use the Platform or his/her Account to take and perform attacks and malicious actions on any other computer system, connected to the Internet.
- The User is responsible for the confidentiality of his/her access data to the Platform (email and password) and assumes full responsibility for all activities, actions and statements, including electronic statements made by the User and/or through his/her Account. In case of doubt that for some reason the confidentiality of his/her data is under threat, the User must immediately notify 365 Company. If he/she has not done so, it is considered that all actions through the User's Account have been performed by him/her personally and he/she is responsible for them, including for payment of all ordered subscription plans on his/her behalf and on his/her account.
- When the User provides access for use and management of his/her Account to Third Parties, he/she is responsible for the actions of these persons as his/her own, and undertakes to indemnify 365 Company for all damages caused by the use of the Platform by Third Parties to which the User is granted access, including inadvertently or by mistake.
- The User is obliged:
- 10.1. Not to fill, download, store, distribute, use, transmit, provide or publish in the Platform links to information, data, text, files, software, photo, video or audio materials, messages, as well as any other materials and content:
- 10.1.1 that are contrary to the law or violate the rights and freedom of man under the applicable Bulgarian and international acts, the EU law, the law of the country from which the User is or the country from where he/she is using the Services;
- 10.1.2 that are propagating discrimination, fascist, racist or other antidemocratic ideology;
- 10.1.3 that harm the reputation of others and call for violent change of the constitutionally established order, for committing a crime, for violence or incitement of racial, national, ethnic or religious enmity or hatred;
- 10.1.4 that violate material or moral rights of any Third party, including copyright and their neighbouring rights;
- 10.1.5 that contain pornography, sexual violence, as well as links to websites with such content;
- 10.1.6 that contain computer viruses or other malicious code or software;
- 10.1.7 misleading and false materials or sites for fraudulent purposes and illegal acquisition of information.
- 10.2. Not to interfere in the proper operation of the Platform, including, but not only, to not hinder the access of Third parties, to not make non-granted access, not to impair or hinder availability, reliability or quality of the Platform to other users, etc.;
- 10.3. Not to use the Platform for any activity without granted authorization/registration for this activity.
- 10.4. To notify immediately 365 Company for every known case of violation done or found when using the Platform, including representatives of the User or Third parties.
- 10.1. Not to fill, download, store, distribute, use, transmit, provide or publish in the Platform links to information, data, text, files, software, photo, video or audio materials, messages, as well as any other materials and content:
- The User undertakes not to publish materials containing viruses or other programs aimed at destroying or harming the Platform or any other system, as well as materials with prohibited, obscene, defamatory, threatening or malicious content for 365 Company or a Third Party. 365 Company reserves the right to remove and / or edit such materials.
- The User is not entitled to provide as its own the Services received from 365 Company.
- The User provides at its own expense the required computer equipment, operating systems, software and Internet access in order to use the Platform.
- In case of a problem with the access or use of the Platform, the User will notify 365 Company at the email address published in the Platform or through the contact form of the Platform. 365 Company will make every reasonable effort to rectify the problem.
IX. RIGHTS AND OBLIGATIONS OF 365 COMPANY
- The Services provided by 365 Company through the Platform do not cover the provision of computer equipment, other software and connectivity for the transfer of databases or information packages between the User and 365 Company and the use of the Services as a whole.
- 365 Company, when assessing a potential security risk and/or disruption of the normal operation of the Platform, and in case of suspected violation of the law or the rights of 365 Company and/or Third parties, is entitled to prohibit the use of the Platform by the User and to suspend the use of the Platform by the User without notice and without owning refund or any other compensation. In this case, 365 Company is not responsible for any loss of User data or any other damage.
- 365 Company has no obligation to look for facts and circumstances pointing to an illegal activity.
- 365 Company does not guarantee that the access to the Platform will be uninterrupted, secured, and error-free, as long as this is beyond the capabilities, the control and the willpower of 365 Company.
- 365 Company may include in its Services and those provided by Third Parties. 365 Company cannot and is not responsible for the quality of the services provided by Third Parties and is not responsible for damage to the User due to problems with the Services from these Third Parties.
- 365 Company provides reasonable technical protection of the Platform.
- At the request of a competent state body in the cases established by law, 365 Company is obliged to provide any information and materials at its disposal regarding the User. In accordance with the requirements of the current applicable legislation, 365 Company stores the data and information of the User located on its servers and provides them to the competent state authorities in cases where this is necessary to preserve the rights, legitimate interests and security of 365 Company or Third Parties, as well as in the cases when the same are required by the respective state bodies in due order.
X. WARRANTIES, COMPATIBILITY, REMEDIES, EXCLUSIONS
- The Platform is provided "as it is" without any guarantee from 365 Company of any kind or nature, expressed or implied, it disclaims and excludes all other warranties including but not limited to: accuracy, reliability, timeliness, completeness, suitability for a particular purpose, non-infringement of intellectual property rights or other related rights. Apart from the above, 365 Company does not warrant and does not make any statements regarding the accuracy, probable results or reliability of the use of the entered data and materials for any purpose or result of the provided Services.
- The User understands that the Platform cannot and shall not be used in the event that (a) the Platform is not properly used due to some action, failure or limitation caused by the User or Third parties; (b) the Platform has been subjected to illegal use by the User; or (c) any person other than an authorised 365 Company representative modifies the Platform.
- Any set up or support actions may be performed only by 365 Company.
- Limitation of Liability
In any case the direct damage for either Party is limited to the total amount of fees paid for subscription price for the current year. Under no circumstances neither 365 Company, nor the User shall be liable to each other for any indirect, consequential, incidental, special (including multiple or punitive) or other indirect damage that are claimed to be incurred by the other Party whether such claim arises under contract, tort (including strict liability), lost profits, lost data, business interruption, loss of business reputation or goodwill, even if the party has been advised of the possibility of such damage or any other theory of law. In any case 365 Company shall not be liable for any damage of any sort, if such damage results from actions or omissions of Third parties, which are not under the control of 365 Company or for which 365 Company are not liable.
- 365 Company shall not be liable for any damage, penalties and/or compensations to the User relating to:
- Destruction or loss of data owned by the User for reasons beyond the control of 365 Company;
- Inability of the User to use the Platform, due to reasons beyond the control of 365 Company;
- Claims made by Third parties against the User in regard with the use of the Platform by the User;
- Illegal use of the Platform by the User;
- Loss of data, suffered damage in the form of losses or lost profits due to untimely payment for the Services on the Platform by the User;
- Loss of data, suffered damage in the form of losses or lost profits due to actions or omissions of Third Parties which are beyond the control of 365 Company;
- If the User cannot get access due to lack of hardware, software or good internet connection, as well as if cannot get access due to problems beyond the control of 365 Company (hardware problem, software problem, a problem with Internet connectivity, etc.).
- 365 Company shall not be responsible for stored, distributed, used, transmitted information, data, text, files, software, photo materials, video materials, audio materials, messages, links, references and any other materials and content, stored/uploaded by the User and any other Third Parties, as well as for the activity of the User, performed with the Platform.
- 365 Company is not responsible for failure to provide the Services offered by it or for inability of the User to access his/her Account, Platform and / or Services, for interrupted access to the Platform, as well as for the non-processing or inappropriate processing of search queries, in the event of circumstances beyond the control of 365 Company - cases of force majeure, accidental events, actions or omissions of Third Parties, orders of the competent state authorities, problems in the Internet network and in the provision of services, as well as in case of unauthorised access or intervention of Third Parties in the functioning of the information system or servers, as 365 Company will take all reasonable measures to limit such interventions.
- 365 Company is not responsible for failure to provide the Services offered by it or for inability to access the User to his/her Account, Platform and / or Services in violation of the instructions and technological requirements for use of the Platform, improper handling of equipment or software, and in consequence of tests performed by 365 Company for the purpose of checking equipment, connections, networks, etc., as well as tests aimed at improving or optimising the Platform and the services provided through it. 365 Company has no obligation to seek facts and circumstances indicating the commission of illegal activity.
- 365 Company is not responsible in case of overcoming the security measures of the technical equipment and this results in loss of information, dissemination of information, access to information, restriction of access to information and other similar consequences.
- 365 Company is not responsible in case of concluding a contract of purchase of a subscription plan, providing access to information, loss or change of data occurred as a result of false identification of a Third Party who introduces himself/herself as the User, if the circumstances may judge that this person is the User.
- 365 Company shall not be responsible for not providing Services in case of non-payment of subscription prices due within the relevant deadline by the User, in case of non-adherence to the guidelines and the technological requirements for use of the Platform, in case of improper handling of the Platform, as well as a result of tests performed by 365 Company to check the Platform, connections, networks, etc., as well as tests aimed at improving or optimising the Platform.
- The User agrees to defend, indemnify, and hold harmless 365 Company, its directors, officers, employees, agents, successors and assigns, from and against any and all damages, losses, fines, penalties, expenses, costs (including without limitation reasonable attorney's and accountant's fees), claims, suits, actions, judgments or other liabilities, arising from:
- User's breach of its obligations hereunder;
- User's negligence or misconduct;
- any claim that the Platform infringes any patent, copyright, trademark or other proprietary right of any Third party to the extent the such infringement arises from:
- alterations of the Platform by the User or any Third party to which the User has given access to the his/her Account and/or the Platform;
- Platform modified by 365 Company for the User in accordance with User’s specifications or requests.
XII. COPYRIGHTS AND OTHER RIGHTS OF INTELLECTUAL PROPERTY
- The entire content of the Platform, including all published texts, images, photographs, videos, articles, program code, are copyrighted. Beyond information about the Users, all rights to the content of the Platform belong to 365 Company (including available database) and as such are under the protection of the Bulgarian Copyright and Neighbouring Rights Act. Copying and using them constitutes a gross violation of 365 Company rights and the imperative provisions of Bulgarian and European law.
- 365 Company retains the rights to the Platform, including the rights to market, licence, make, reproduce, use, distribute and otherwise deal with the Platform.
- The User shall obtain 365 Company’s prior written consent to using any 365 Company Mark in any advertising and promotional material it generates.
- The User shall not alter, remove, deface or obscure any notice of 365 Company Mark, patent, copyright, proprietary right or trade secret on the Platform and shall not add to the Platform any other trademark. Any goodwill arising out of the User’s use of any of the 365 Company Marks hereunder will inure solely on the benefit of 365 Company.
- The User shall give a written notice to 365 Company of any knowledge that may come to the User concerning infringement of the trademarks or any other industrial and/or intellectual property rights of 365 Company that comes into the User’s attention. In the event of any such infringement 365 Company may prosecute any action necessary to terminate such infringement.
- Users who publish information and materials in the Platform, including images and videos, must have arranged in advance all copyright and other rights in such materials, therefore the rights on such materials are deemed to belong to the persons who posted them. The User agrees that he/she has no right to upload or use materials for which he/she has not arranged in advance the rights of use and shall not upload or publish such materials in the Platform. Any claims and damages, regarding unsettled copyrights of such materials shall be full responsibility of the User and the User shall compensate 365 Company for all damages, costs and expenses ensuing.
- All material and immaterial copyrights on the Platform, including but not limited to design, logo and other graphic elements, software, program code and functionalities, working materials and demos, belong to 365 Company and 365 Company owns the intellectual property on the Platform as well as the associated web platform and all its elements and components, know-how about all Platform activities and functionalities. 365 Company is also the owner of the 365 Company trademark, the Platform name, and the domain name of the website with all possible extensions. Copying and using them constitutes a gross violation of 365 Company rights and the imperative provisions of Bulgarian and EU law.
- In all cases, whether or not expressly listed herein, the User is prohibited to copy, store, process, publish, distribute in original or processed form, or otherwise use the texts, images or other parts of the content of the Platform, including the training videos uploaded on the Platform.
- Users shall be authorised to download part of the study materials uploaded on the Platform such as pdf materials, course notes, scripts and other for which it is expressly indicated that can be downloaded. Such downloadable materials can be used by the Users only for their personal and non-commercial purposes.
- Users are only entitled to use the Platform in accordance with its usual purpose, without the right to modify or copy materials, to use the materials for commercial purposes or public display (commercial and/or non-commercial), to decompile, decompose or perform reverse engineering of the software of the Platform, to remove indications of copyright or other intellectual property rights from the content of the materials, to provide a "mirror" copy of the materials for uploading to other servers. The right to use shall be automatically terminated in case of violation of some of the basic restrictions and may be withdrawn at any time.
- In the event of non-compliance with the above conditions, 365 Company shall be entitled to immediately suspend the use of the Platform by the User without owing notification, notice or compensation, as well as to claim compensation for any damages and lost profits from the User's actions.
- The User undertakes to provide the consent of all of his/her representatives (if any) to whom he/she has granted access to his/her Account, to respect the copyright and other intellectual property rights of 365 Company.
- The trademark 365 Company and all of its variations, as well as the domains with that name, are owned by 365 Company. The use of this trademark, domain or name, directly or indirectly (such as, but not limited to, meta tags and other indexing or Internet search techniques) without prior written permission from 365 Company, is prohibited and is punishable by law.
- Prohibitions of copyright infringement and other intellectual property rights of 365 Company are valid for all Third parties, whether or not registered in the Platform and/or have an account, and in case of violation 365 Company is entitled to receive compensation for all damages and lost profits, resulting from the actions of such Third parties.
- Complaints regarding the Services can be made within 14 (fourteen) days from the establishment of the non-compliance of the Service.
- The complaint can be submitted in electronic or written form to an authorised representative of 365 Company through the Platform, by email to the following electronic address (email): email@example.com, by courier or by mail, or in person at the address of 365 Company indicated above.
- When making a complaint, the User must indicate his/her data, the subject of the complaint, his/her preferred way of satisfying the complaint, respectively the amount of the claimed amount, and the contact address, including email address. When submitting the complaint, the User applies the documents on which it is based, including: payment documents, protocols, acts or other documents establishing the non-compliance of the Service with the agreed and other documents supporting the complaint.
- 365 Company may not accept the complaint if the relevant documentation or a suitable alternative has not been submitted by the User or if the complaint is not filed in a timely manner.
- The team of 365 Company will duly consider the submitted complaints / grievances within 14 (fourteen) days after their receipt and will respond to the email address specified by the User.
- The User is not entitled to complaints if the non-compliance of the Services is due to actions or omissions of the User or of Third Parties.
XIV. CANCELLATION RIGHT
- 365 Company informs Users that within the meaning of Art. 50 of the Bulgarian Consumer Protection Act (CPA), the User has the right to withdraw the contract within a 30-day period from the date of conclusion of the contract.
- The withdrawal is made by sending a message to 365 Company via the Platform, by e-mail to the following email address: firstname.lastname@example.org, by courier or by mail, or in person at the address of 365 Company indicated above. In order to exercise his/her right of withdrawal, the User must notify 365 Company of his/her decision to withdraw from the service contract with an unambiguous statement.
- The withdrawal can be done by filling in and sending the following form, but its use is optional:
STANDARD FORM FOR WITHDRAWAL FROM THE CONTRACT
To: „365 Company” OOD, registered with the Commercial Register and the Register of Non-Profit Legal Entities at the Registry Agency in the Republic of Bulgaria under Unified Identity Code 205339138, having its seat and registered office in: ap. 1, 1st floor, 1 “Hristo Belchev” Street, Sredets District, 1000 city of Sofia, Republic of Bulgaria, represented by Nedko Todorov Krastev, in the capacity as Managing Director, phone: +359887742780 email: email@example.com
I hereby give notice that I withdraw from my contract with 365 Company for the provision of a service.
Date of conclusion: ................................................................ (indicate the date of receipt of the email with confirmation of the concluded contract for purchase of a subscription plan).
Name of the User: …………………………………................... (enter your names)
Address of the User: .............................................................. (enter your address)
Email of the User: .................................................................. (enter your email address)
Signature of the Consumer: ................................................... (if the form is on paper)
Date of notification: ................
- In case of withdrawal 365 Company refunds to the User the entire amount paid by the User for the respective subscription plan for which the withdrawal has been made within 14 days of the withdrawal.
- 365 Company will refund the amounts using the same payment method used by the User in the initial transaction unless the User has expressly agreed to use another means of payment and provided that this does not involve costs for the User. Any costs for incoming transfers or exchange rate losses, as well as the commissions charged by the bank, are at the expense of the User. The responsibility for proving the duly exercised right of withdrawal lies with the User.
- After expiration of the term set forth in Item 1 above of this Section 365 Company does not owe refund of a paid service, regardless of whether the User has actively used the Services.
XV. AMENDMENTS TO THE PLATFORM
- 365 Company has the right at any time to make changes and improvements to the Platform as well as the form and content of the provided Services.
- 365 Company has the right to suspend the offered Services temporarily or permanently, including if necessary for their updating. In these cases 365 Company warns the User through the Platform.
- In these cases, 365 Company is not responsible for damage to the Users in the form of losses and lost profits.
- 365 Company is not responsible for errors that may occur on the Platform, including errors caused by changes, settings and other actions not performed by 365 Company.
XVI. COMMUNICATION WITH THE USER
- By entering the data and the contact details, the User explicitly agrees that 365 Company will use all technical means of communication with the User for which the User has specified contact details.
- The provision of data and contact details by the User does not oblige 365 Company to contact the User.
- Termination conditions
- upon mutual agreement between the Parties expressed in Writing;
- Effect of Termination
- Upon termination all of the following shall apply:
- The User shall immediately cease use of the Platform.
XVIII. FORCE MAJEURE
- The User agrees and understands that he/she cannot use the Force Majeure circumstance as a legal ground for delay of payment or non-payment, in case such is due.
- Parties explicitly agree that 365 Company shall not be liable to the other for any delay or non-performance of its obligations hereunder in cases of lack of connection and/or data transmission from any hive equipment to the Platform, due to equipment failure or lack of internet connections.
XIX. ACKNOWLEDGEMENTS AND REPRESENTATIONS
XX. NON WAIVER
- Notices to 365 Company: ap. 1, 1st floor, 1 “Hristo Belchev” Street, Sredets District, 1000 city of Sofia, Republic of Bulgaria, telephone number: +359887742780, email: firstname.lastname@example.org.
- Notices to the User: as indicated in the registration form on the Platform.
- The User accepts that all his/her statements are considered valid and that the written form is considered complied with by the following actions by the User: sending an email, pressing an electronic button on the Platform with content that is fills in or selects from the User or marking in a field (check box) of the Platform and the like, insofar as the statement is technically recorded in a way that allows it to be reproduced.
XXIII. VISITORS INFORMATION
XXV. INDEPENDENT CONTRACTOR
- The User is an independent contractor and not an agent, employee, franchisee or partner of 365 Company.
- The User does not have any authority to, and will not, create or assume any obligation, express or implied, on behalf of 365 Company.
XXVII. PERSONAL DATA
XXVIII. DISPUTE SETTLEMENT AND APPLICABLE LAW
- If you are a customer according to the applicable Bulgarian customer protection legislation and you believe that 365 Company has breached your rights as a customer, you may file a complaint with the Bulgarian supervisory authority, which is the Customer Protection Commission. More information can be found at: kzp.bg.
- Disputes arising between 365 Company and User-customers will be resolved by mutual consent or, if that is not possible, disputes may be resolved by Alternative Dispute Resolution (ADR) Authorities under the conditions and by the order of Article 181a et seq. Bulgarian CPA. Additional information on alternative dispute resolution can be found at the Consumer Protection Commission website and in the Online Dispute Resolution (ODR) platform (https://ec.europa.eu/consumers/odr/main/index.cfm and https://www.mi.government.bg/bg/themes/spisak-na-organite-za-alternativno-reshavane-na-potrebitelski-sporove-elektronna-platforma-za-onlain-1608-0.html).
XXX. INFORMATION AND CONSENT
- the name and address, as well as any other identification data for 365 Company;
- all features of 365 Company Services;
- the cost of Services, including all taxes and charges, as well as service packages;
- the form of payment and other terms of Services provision;
- the right of the User to give up the Services;
- the period for which the price of the Services is in force;
- the conditions for use of the Services;
- the terms and the warranty periods, if any;
- 365 Company contact information, including by telephone and email;
- the technical means of identifying and correcting errors in the input information before the contract is made;
- the contract with the User is concluded in English language;
- The User agrees to the conclusion of a distance contract as well as for advance and prepayments for the delivery of the Services.