TERMS OF USE OF BUSINESS DIGITAL ACADEMY

INTRODUCTION

The vision of our company, Thomas Poutas International Associates Ltd (the “Provider”) , to promote education, training and empowerment of people who compete in the business arena, has led us to the establishment of Business Digital Academy, where experts and specialists from all over the world are brought together to share their knowledge with people who seek to excel in the business world.

Business Digital Academy, through the website businessdigitalacademy.com (the “Website”), aims to accommodate training programs and courses which will be delivered on a learning platform, in the form of online seminars/webinars (the “Products”). The online seminars/webinars will be run, administrated, and delivered by qualified Instructors, who have the necessary expertise on the specific topic of the training program/ course. Through the Website any legal or natural person (the “Customer”) may be informed about the available training programs and courses and their content and by subscribing to the Website the Customer may purchase a Product for itself or for other Participants.

This is a legal document (the “Terms of Use”), which sets out the rights and obligations of the Visitor/ Customer/ Participant and the Provider, in relation to the subscription and use of the Website, the purchase of a Product and the delivery of a Product to the Customer/ Participant, through the Website and the Learning Platform.

By subscribing to the Website, you represent and warrant that you are at least 18 years of age. If you are under the age of 18 you may not, under any circumstances or for any reason, subscribe to the Website.
The provisions of the Terms of Use apply to the entire Website and they are binding to the Visitor/ Customer/ Participant.

By using the Website, subscribing to the Website and/or purchasing a Product, the Visitor/Customer/ Participant accepts and agrees to be legally bound and comply with the provisions of the Agreement, which consists of the Terms of Use, the entire content of the Website and any terms embodied in a quotation given by the Provider to the Customer and the Privacy Policy.

The Visitor/ Customer/ Participant agrees and authorises the Provider to process Personal and General Data, in accordance with the Provider’s Privacy Policy and by using the Website and/or subscribing to the Website, it is deemed to have accepted the terms of the Provider’s Privacy Policy.

If you do not understand or do not wish to be bound by the Terms of Use or Privacy Policy, you should not use this Website.

The Provider reserves the right to modify the Terms of Use at any time. Any changes in the Terms of Use will be effective immediately and will only apply to visits and/or purchases made after the modifications are made effective.

DEFINITIONS

“Access” means the provision by the Provider of a certain code and a link, via email, by which the Customer and/or the Participant will access the Learning Platform and accept delivery of the Product;

“Consumer” means any natural person who is acting for purposes which are outside their trade, business, craft or profession;

“Customer” means the legal entity or natural person, who purchases a Product through the Website, in accordance with the Terms of Use,

“Customer’s Designated Address” means the email address which the Customer designates as its e-mail address on the Online Order Form;

“Customer Personal Data” means any Personal Data of the Customer and/or the Participant, which are disclosed by the Customer/ Participant and are processed by the Provider, in the course of the Agreement;

“Fee” means the amount payable by the Customer to the Provider, for the purchase of a Product;

“Intellectual Property Rights” means all intellectual property rights, wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application of such rights (including copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents and rights in designs);

“Learning Platform” means the learning platform zoom.us

“Online Order Form” means an online form published by the Provider in each Products Overview Page, which must be filled in and submitted by the Customer simultaneously with the payment of the Fee, in order to subscribe to the Website and purchase a Product.;

“Participant” means the natural person to whom the Product is delivered;

“Parties” means the Provider and the Customer and “Party” means either one of them;

“Product” means an online seminar/ webinar which is delivered by Instructors on a Learning Platform;

“Provider” means the company Thomas Poutas International Associates Ltd and/or any natural or legal person to whom their rights and obligations are assigned;

“Provider’s Designated Address” means the e-mail address info@businessdigitalacademy.com

“Subscription” means the filling in and submitting of an Online Order Form and the simultaneous payment of the Fee, through the Website by the Customer;

“Third Party” means any person or legal entity other than the Provider, the Visitor, Customer and/or Participant;

“Time of Delivery” means the date and the time, on and at which the seminar/ webinar will be delivered on the Learning Platform;

“Instructor” means the natural person who administrates, runs and delivers the online seminar/webinar;

“Visitor” means the natural person or legal entity who navigates through the Website but has not subscribed to the Website;

“Website” means the website www.businessdigitalacademy.com

THE PRODUCTS

1. The Products are listed on the Website, under the title “Courses”. The Provider does not warrant that any Product listed on the Website will be always available for purchase. The Time of Delivery of each Product is different, it is pre-defined by the Provider and it is not negotiable. The Time of Delivery is published on each Product’s Overview Page and on the Website’s Calendar.
2. The Fee for each Product may vary and is pre-defined at the discretion of the Provider.
3. The content of each Product is described on each Products Overview Page and the Visitor may request further information regarding the content of the Product, by contacting the Provider, via email.
4. Each Product consists of an Online Seminar/ Webinar, divided into two sessions. The duration of each session is 3 hours. The sessions are delivered consecutively, with a 15-minute break in between. The Online Seminar/Webinar consists of live, or recorded videos presented by an Instructor on a Learning Platform.
5. The Provider may cancel the purchase of any Product, in case that the requirement of a minimum number of Participants (6 individuals) is not met. In such a case, the Provider shall send a written cancellation notice to the Customer’s Designated Address, at least 7 calendar days prior to the Time of Delivery, and the Customer shall have the following options:
   1. The Customer may request full refund of the Fee; or
   2. The Customer may request the issuance of a Voucher for the value of the Fee, which will be redeemable in future transactions, within a year of the date of its issuance;
6. The Customer may request only one of the abovementioned remedies and the Provider shall have no obligation to compensate the Customer for any amount exceeding the amount of the Fee.

PURCHASE

1. The Customer may purchase a Product through the Website. To purchase a Product, the Customer must visit the Overview Page of the specific Product, fill in all the mandatory fields on the Online Order Form with true accurate, current; and complete information and submit the Online Order Forms simultaneously with the payment of the Fee.
2. Upon payment of the Fee, the Provider shall send a Confirmation Notice to the Customer’s Designated Address, along with an invoice in PDF form.

PAYMENT OF THE FEE

1. The Fee for each Product is pre-defined by the Provider, at the Provider’s absolute discretion and it is not negotiable. However, a Customer may request a quotation by the Provider, if the Customer wishes to purchase a Product to be delivered to more than 3 Participants.
2. The Provider reserves the right, at any time to change any fees or charges for the purchase of a Product, provided that such changes will not apply to transactions made prior to the time of the change.
3. The Fee must be paid with a valid credit card through www.stripe.com. The Customer shall pay the Fee in full and in advance.
4. The Provider will not store or otherwise process any credit card data, except where so required for the completion of the purchase.
5. Whenever the Provider is under an obligation to refund the Customer, according to the Terms of Use, the Customer will provide the Provider with its account details, to enable the Provider to execute the refund.

CANCELLATION POLICY

Purchasing as a Consumer

1. If the Customer is a natural person and purchases a Product as a Consumer, he/she has the right to cancel the purchase and claim reimbursement of the Fee, provided that he/she sends a cancellation notice to the Provider within 14 days from the date of payment. The Customer does not need to provide any reason for the cancellation.
2. To meet the cancellation deadline, the Customer must send his/her cancellation notice to the Provider’s Designated Address, before the 14-day period has expired.
3. After the expiration of the 14-day period, the Customer may cancel its purchase, at least 14 calendar days prior to the Time of Delivery. In such a case, the Provider shall be under no obligation to refund the Customer. However, it is at the Provider’s absolute discretion to issue a Voucher for the value of the Fee, which will be redeemable in future transactions, within a year from its issuance.
4. In case that the Customer cancels the purchase in less than 14 calendar days from the Time of Delivery, the Provider will not refund the Customer, nor will they issue a Voucher to the Customer.
5. A Consumer may purchase a Product at least 21 calendar day prior to the Date of Delivery. In case that a Consumer wishes to purchase a Product in less than 21 days from the Date of Delivery, it shall submit such request to the Provider, by contacting the Provider directly. The Provider, at its absolute discretion, may reject the Consumer’s request, without giving any reason for its decision.

Purchasing for trade/business/profession purposes

1. If the Customer purchases a Product for purposes related to its business, trade, craft; or profession, it may cancel the purchase by sending a cancellation notice at least 14 calendar days prior to the Date of Delivery. In such a case, the Provider shall have no obligation to refund the Customer. However, the Provider may, at its absolute discretion, issue a voucher for the value of the Fee, which will be redeemable in future transactions, within a year from the date of its issuance.
2. In case that the Customer cancels the purchase in less than 14 calendar days from the Time of Delivery, the Provider will not refund the Customer for the paid Fee, nor will the Provider issue a Voucher.

ACCOUNTS

When the Customer subscribes to the Website, a Customer Account will be automatically created by the Provider. The Provider will send the Customer a username and a password, via email, by which the Customer will acquire access to its Account. Through the Customer Account the Customer will have access to information such as profile information, record of previous purchases and due products, method of previous payments and available Vouchers. The Customer may change its profile information and password through the Customer Account. The Customer may request the deletion of its Account and the erasure of any information therein, at any time, provided that the Customer has fulfilled its contractual obligations, pursuant to the provisions of the Agreement and the Privacy Policy. The Provider shall proceed to the deletion of the Account within reasonable time and not later than 30 calendar days from the Customer’s request.

REFUND

Whenever the Provider is under an obligation to refund the Customer according to the terms of the Agreement, the Provider will reimburse the Customer not later than 14 calendar days from the date on which the Provider received the cancellation notice. The Provider shall use the same means of payment as the Customer used for the payment of the Fee and the Customer will not incur any fees for such reimbursement.

VOUCHERS

In case that the Provider issues a Voucher pursuant to the provisions of this Agreement, the Provider shall issue an electronic Voucher with a pin number and send them to the Customer via email, to the Customer’s Designated Address. Each Voucher is redeemable for the purchase of any Product within a year from its issuance.

DELIVERY OF THE PRODUCT

1. The Provider shall send to the Customer’s Designated Address, a code and a link, by which the Customer/ Participant will access the Learning Platform, where the Product will be delivered. The code and the link shall be sent one week prior to the Time of Delivery.
2. The Time of Delivery may be varied by the Provider, for a good reason. In such a case, the Provider shall inform promptly the Customer about the reason of the variation, via email. The Provider may immediately arrange a new Time of Delivery of the Product, or if this is not possible, the Provider shall notify the Customer within 48 hours about the new Time of Delivery.
3. If the new Time of Delivery is not acceptable by the Customer, the Customer may:
   1. Request full refund of the Fee; or
   2. Request the issuance of a Voucher for the value of the Fee, which will be redeemable in future transactions for any Product, within a year of the date of its issuance.

RULES OF ONLINE CONDUCT

The Customer shall take all reasonable measures to ensure that the Customer and/or its Participants, comply with the following rules of online conduct, when visiting the Website and/or participating in the Online Seminar/ Webinar:

1. The Customer/ Participant shall use the Website and the Learning Platforms only for lawful purposes, in accordance with the Terms of Use and all applicable national, European, or International law, rules and regulations, and shall not act in any way which will infringe the use or rights of any other Customer or Participant.
2. The Customer/ Participant shall not use the Website or access and use the Learning Platform in any way which may damage, disable, overburden, or impair the Website or the Learning Platform, or any of their facilities.
3. The Customer/ Participant shall not attempt to gain unauthorized access to any Product, account, computer system or networks connected to the Provider’s Server, through hacking, password mining or any other means.
4. The Customer/ Participant shall not obtain or attempt to obtain any materials or information stored on the Website, servers, or associated computer, which are not intentionally available through the Website.
5. The Customer/ Participant shall not share with any Third Parties, the code and/or the link which is provided by the Provider to enable the Customer/Participant to access the Product.
6. The Customer/ Participant agrees to not scrape or otherwise download in bulk any content of the Website and/or the Product, including but not limited to online textbooks, course material or trademarks and logos, unless otherwise is provided in the Agreement. The Customer agrees to not misrepresent or attempt to misrepresent its identity, while using the Website or the Learning Platform.

INTELLECTUAL PROPERTY

1. The Provider owns the copyright, database and software rights and all other Intellectual Property Rights to the Website and to the content of the Website Any Intellectual Property Rights to the content of the Products, belong to the Instructors and no right or licence is granted to the Customer or the Participant to use them for purposes other than the purposes provided in the Agreement.
2. The Provider’s name, the Websites, Provider’s Logo and the Products names are trademarks of the Provider and/or Third Parties and no right or licence is granted to the Customer/ Participant to use them for purposes other than the purposes provided in the Agreement.
3. The copying, redistributing, use or publication by the Customer/ Participant of any such Intellectual Property is strictly prohibited. The Customer does not acquire ownership rights to any such Intellectual Property displayed on the Website or made available through the delivery of the Product and/or does not constitute a waiver of any right to any such Intellectual Property.
4. Nothing in these Terms of Use shall operate as to assign or transfer any Intellectual Property Rights from the Provider and/or Third Parties to the Customer or from the Customer to the Provider and/or Third Parties.
5. Subject to any agreement of the Parties to the contrary, any Intellectual Property Rights that may arise out of the performance of Provider’s obligations, shall be exclusive property of the Provider and/or Third Parties.

PERSONAL DATA

The Customer acknowledges that and consents to the processing of its Personal Data by the Provider, according to the Provider’s Privacy Policy.

CONFIRMATION OF PARTICIPATION

The Provider shall issue a Confirmation of Participation to a Participant who has attended the online seminar/webinar. Such Confirmation will be sent via email to the Customer’s / Participant’s email address.
Such Confirmation of Participation shall be issued by the Provider after consultation with the Instructor of the Online Seminar/ Webinar.

FORCE MAJEURE EVENT

1. Neither Party shall have any liability for any delay, omission, failure; or inadequate performance of the Agreement (other than the obligation to make payment), which is the result of circumstances beyond the reasonable control of either Party. Where so affected in its performance of this Agreement, the Party will notify the other Party as soon as reasonably possible.
2. A Party that becomes aware of a Force Majeure Event which causes, or which is likely to cause any failure or delay in that Party performing any obligation, it must:
   1. Promptly notify the other Party; and
   2. Inform the other Party of the period for which is estimated that such failure or delay will continue.
3. A Party whose performance is affected by a Force Majeure Event, must take reasonable steps to mitigate the effects of such an event.

WARRANTIES

1. The Provider warrants to the Customer that:
   1. The Provider has the legal right and authority to enter into the Agreement and to perform its obligations under the Terms of Use;
   2. The Provider will comply with all applicable legal and regulatory requirements for the performance of its obligations under the Agreement;
   3. The Provider has the required expertise and experience to perform its obligations under the Agreement;
   4. The Delivery of the Product will be free of defects, reasonably forceable and detectable by the Provider;
   5. The Provider will exercise reasonable endeavours so that the Website is free from viruses, worms, Trojan horses, ransomware, spyware, adware, and other malicious software programs.
   6. The content of the Product will be compatible with the description provided on the Website;
2. The Customer warrants that:
   1. It has the authority and the legal capacity to enter into the Agreement.
   2. Any information that it provides on the Online Order Form and/or in any email or other communication with the Provider is correct and updated.
   3. In case that the Customer purchases a Product to be delivered to Participants other than the Customer, it has the authority and the written consent of such Participants to disclose their personal information and/or Personal Data to the Provider.
   4. It will take all reasonable measures to inform the Participants about the provisions of the Agreement and will ensure that all Participants comply with them.
3. The Parties’ warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms of Use. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

1. Whilst the Provider will use its best endeavours, at all times, to comply with its legal and contractual obligations, the Provider does not accept liability for any loss suffered by the Customer as a result of any delay, mistake, error, omission, unavailability, failed access, misrepresentation, misdescription, breach of contract, breach of duty or other act or omission (unless fraudulent), however made or caused, which exceeds the amount of the Fee paid for the specific Product.
2. The Provider does not accept liability for any consequential economic or other losses suffered by the Customer, whether resulting from misrepresentation, misdescription, breach of contract, breach of duty or other act of omission (unless fraudulent), however caused and which exceeds the amount of the Fee paid for the specific Product.
3. The Provider shall not be liable to the Customer in respect of:
   1. Any loss arising out of a Force Majeure event.
   2. Any loss of profits or anticipated savings.
   3. Any loss of revenue or income.
   4. Any loss of use or production.
   5. Any loss of business, contracts, or opportunities.
   6. Any loss or corruption of any data, database, or software, provided that the Provider has fully complied with its obligations in relation to the processing of Personal Data.
   7. Any special, indirect, or consequential loss or damage.
4. Nothing in these Terms of Use shall:
   1. Limit or exclude liability for death or personal injury resulting from negligence;
   2. Limit or exclude any liability for fraud or fraudulent misrepresentation;
   3. Limit or exclude liabilities in any way that is not allowed under the applicable law;

ACKNOWLEDGEMENTS AND WARRANTY LIMITATIONS

1. The Customer acknowledges that the Website and any information, content, product, or service that is made available on or through the Website, are provided as described and as they appear available, without any warranty of any kind (express, implied or otherwise), including but not limited to any implied warranties of merchantability, fitness for a particular purpose.
2. The Customer acknowledges that the Provider does not warrant that the Website will operate in an uninterrupted or error-free manner or that the Website will be free of viruses or other harmful components or that the Products will meet the Customer’s needs and expectations.
3. The Provider does not make any warranties about the accuracy, completeness, timeliness or quality of the Website or content or that any Product described on the Website will be always available for purchase.
4. The Customer acknowledges that it uses the Website, buys, and accepts the delivery of the Products displayed, or offered at the Website, at its own risk. Any subscription, access to or download of information, material and data through the Website or any Learning Platform is at the Customers own discretion and risk.
5. The Customer acknowledges that it shall be solely responsible for any damage to its property or loss of data resulting from the navigation on the Website, subscription to the Website, purchase of a Product, download of or access to material displayed on the Website or made available through a Learning Platform, unless otherwise is provided in the Privacy Policy.
6. The Customer acknowledges that the Products, are only available in the English language, that they may not be deliverable in all countries and that the Provider makes no such representation.
7. The Customer acknowledges that the delivery of the Product may require compatible devices, Internet access and certain software and may be affected by the performance of these factors and that it is the Customer’s responsibility to meet these requirements.
8. The Customer acknowledges that the Provider does not warrant that the Product will be deliverable with any software or system.
9. The Customer acknowledges that the Provider by delivering the Product, does not provide consultancy services and/or advice regarding the topic of the Product. The content of the Product is provided only for educational purposes and the Provider has not responsibility for the results arising from the use of the content of the Product by the Customer/ Participant.
10. The Customer acknowledges that any postings or questions made by the Participants, will be subject to the Terms and Conditions of the Learning Platform, on which the postings are made, and the Provider shall not have any responsibility about the management of such postings and questions, nor any responsibility for any processing of Personal Data of the Participant, occurring while entering postings and questions on the Learning Platform.
11. The Customer acknowledges that the Provider does not warrant that the requirement of minimum number of Participants (at least six), will be met after the Customer/Participant purchases a Product.
12. The Customer acknowledges that the Provider is not accredited institute and has no authorization to issue official certificates and that any Confirmation of Participation issued by the Provider to the Customer/ Participant is not an official certificate.
13. The Customer acknowledges that the Provider does not undertake responsibility for the accuracy, validity, correctness, precision, exactitude and/or advisability of the content of the Product.
14. The Customer acknowledges that the Provider does not scrutinize, evaluate and/or examine the content of the Product. However, the Provider may remove and/or modify any such content at its sole discretion if such content is found to be in violation of the Agreement or otherwise inappropriate.
15. The Customer acknowledges that if the use of the Website or any Learning Platform by the Customer threatens the Provider’s ability to sell and/or deliver the Product, whether intentionally or unintentionally, the Provider is entitled to take all reasonable steps to protect the Website, the Product and/or the delivery of the Product, which may include suspension of the Customer’s access to the Website and/or to the Product and/or the Learning Platform.
16. The Customer acknowledges that the Provider does not warrant that the Learning Platform will operate in an uninterrupted or error-free manner or that it will be free of viruses or other components or that the function and performance of the Learning Platforms will meet the Customer’s needs and expectations.

SUBCONTRACTING AND ASSIGNMENT

1. The Provider may subcontract any of its obligations under the Agreement, provided that, promptly after the appointment of the subcontractor notifies the Customer, identifying the subcontractor and specifying the subcontracted obligations. The Provider will remain responsible for the performance of the subcontracted obligations.
2. The Provider may assign, transfer, or otherwise deal with its contractual rights and obligations under this Agreement.
3. The Customer shall not assign, transfer, or otherwise deal with its contractual rights and obligations under this Agreement without obtaining the Provider’s prior written consent. The Provider shall not withhold or delay such consent unreasonably.

INDEMNIFICATION

1. The Customer agrees to indemnify and hold harmless the Provider from all claims, liabilities, expenses, and damages, including reasonable legal fees of any Third Party related to (a) use or attempted use of the Website or acceptance of Delivery of the Product, in violation of the terms of the Agreement (b) violation of any legislation regarding the rights of Third Parties (b) any claim for infringement of Intellectual Property Rights or other proprietary rights.
2. The Customer’s responsibility for indemnification stipulated in paragraph 1, covers any actions or omissions of any Participant who access and accepts Delivery of a Product, pursuant to a transaction made between the Customer and the Provider

VARIATIONS

1. The Provider reserves the right to revise and vary the terms of the Agreement, at its sole discretion, at any time. For any substantial variations, the Provider shall take all reasonable steps to notify the existing Customers, via email. Such variations to the terms of the Agreement will be effective immediately upon posting by the Provider, and they will apply to transactions made after the variations become effective.
2. Additionally, the Provider may add or remove functions, features, requirements, or Products and may suspend the sale of the Products all together for any reason. If the Customer has purchased a Product which is terminated or removed before the Time of Delivery, the Provider will refund the Customer or issue a Voucher in accordance with the refund policy of the Provider.

NOTICES

Any notices given from one Party to the other, pursuant to the provisions of the Agreement, must be given in writing and delivered via email to the other Party’s Designated Address, accordingly.

ENTIRE AGREEMENT

1. The terms of the Agreement supersede and replace any previous agreements between the Parties, whether oral or in writing, except where the Customer purchases a Product in accordance with a quotation given by the Provider at the request of the Customer.
2. The Customer hereby agrees that in accepting the terms of the Agreement, it has not relied upon any warranty or representation made by or on behalf of the Provider, except where expressly stated in the terms of the Agreement or any quotation given by the Provider. Nothing in this Clause shall be construed as limiting or excluding either Party’s liability to the other for fraud or deceit in inducing the acceptance of the terms of the Agreement.

WAIVER AND SEVERABILITY

1. In case of breach of any term of this Agreement by either Party, the innocent Party shall not be considered to have waived any of its rights arising from the breach, unless such waiver is given in writing to the Party at fault.
2. No waiver regarding a breach of any term of this Agreement shall be construed as a further or continuing waiver of any other breach of this term or any other term of the Agreement.
3. Any term of the Agreement, which is determined by any court or competent authority as void and/or voidable and/or unlawful and/or unenforceable, shall not affect the validity of the Agreement and the Parties shall continue to be bound by the other provisions of the Agreement.

LAW AND JURISDICTION

The Agreement shall be governed by and construed in accordance with the laws and regulations of the Republic of Cyprus and any disputes arising between the Parties regarding the subject matter of this Agreement, shall be subject to exclusive jurisdiction of the Courts of Republic of Cyprus.

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