TERMS OF USE OF BUSINESS DIGITAL ACADEMY
INTRODUCTION
Our company, Thomas Poutas International Associates Ltd (hereinafter the “BDA”), a limited liability company incorporated in Cyprus, of Dinokratous 2, Nicosia, 1070, Cyprus, email: info@businessdigitalacademy.com, envisions to promote lifelong education for people who compete in the business arena. This vision led us to establish Business Digital Academy, an educational platform, where experts and specialists from all over the world share their knowledge and expertise with people who wish to conquer the business world.
Through our website www.bdalms.com
(hereinafter the “Website”), you may purchase various educational products, such as online training programs/courses, recorded seminars and/or resources (hereinafter the “Products”). All our Products can be delivered to you (hereinafter the “Customer”) and/or third parties, such as your staff and/or your business’s executives (hereinafter the “Participants”).
Alternatively, if you wish to share your knowledge and expertise with us, by becoming an Instructor and/or to create your own training program course, you shall contact BDA at info@businessdigitalacademy.com. Additionally, we advise you to read the Terms and Conditions for Instructors and the License Terms and Conditions for Designated Program/ Course. s for Designated Program License.
This is a legal document (the “Terms of Use”), and the provisions contained herein are legally binding to anyone who visits the Website, subscribes, contacts BDA via email and/or purchases Products and/or licenses and/ or subscribes as an Instructor and/or sets up their own training program. By taking any of the above actions, you are deemed to have accepted the Terms of Use and that you agree to be bound by these Terms and any other terms, contained in our Policies. 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.
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. The Terms of Use consists of the provisions of this document, the entire content of the Website any terms embodied in a quotation given by BDA and the terms of the Privacy Policy and/or of any other mentioned Policies.
BDA reserves the right to modify the Terms of Use at any time. Any changes in the Terms of Use will be effective immediately only to visits and/or purchases made after the modifications are made effective.
DEFINITIONS
“Access” means the provision by BDA of a certain code and a link, via email, by which the Customer and/or the Participant may access the Learning Platform and accept delivery of a Product;
“Cancellation Notice” means the notice provided in ANNEX 1 by which the Customer declares the exercise of their right of withdrawal.
“Confirmation Notice” means a confirmation of the transaction of the Parties, which will be send via email to the Customer’s Designated Address;
“Consumer” means any natural person who is acting for purposes which are outside their trade, business, craft or profession;
“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 BDA, pursuant to the provisions of the Terms of Use and the Privacy Policy;
“Designated Program/ Course” means a training program/course set up by the Customer and delivered through the Website, after the Customer obtains a License for a Designated Program/ Course from BDA;
“Fee” means the amount payable by the Customer to BDA, 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;
“License for Designated Program/ Course” means the license granted for a Fee by BDA to a Customer, which allows the Customer to set up and provide though the Website a Designated Program/Course;
“Online Order Form” means an online form published by BDA 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 any natural person to whom the Product is delivered, and it does not include the Customert;
“Parties” means BDA and the Customer and “Party” means either one of them;
“Product” means any product and/or service purchased and delivered to the Customer and/or any Participants through the Website and/or the Platform;
“BDA” means the company Thomas Poutas International Associates Ltd and/or any natural or legal person to whom their rights and obligations are assigned;
“BDA’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 BDA, the Visitor, and/or Customer;
“Time of Delivery ” means the date and the time of delivery of a Product;
“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.bdalms.com
ACCOUNTS
In order to get your own Account, you need to subscribe to the Website, by filling in the subscription form with accurate and up-to-date information about your person and/or organisation. You are advised to read carefully our Privacy Policy before sharing with us your personal data. By subscribing to the Website you accept the terms of our Privacy Policy and you consent to the processing of your Personal Data.
Through your Account you may order and purchase Products, cancel orders, claim refunds or vouchers, request certificate of attendance, access your profile information, modify your personal/organisational information, access your record of previous purchases and due products, submit Products as an Instructor and receive remuneration. You do not have the option to do any of the above without subscribing and activating your account.
Once you subscribe to our Website, you will receive a username and a password, via email. You can activate and access your Account by using these credentials. It is explicitly forbidden to share an account and/or login credentials and/or passwords with and/or to assign any user rights to, any other individual, without the prior consent of BDA. You may change your login credentials through your Account.
You may request the deletion of your Account and the erasure of any personal data, at any time, provided that you have no outstanding obligations and/or debts with BDA. BDA shall delete your Account within reasonable time and not later than 30 calendar days from the date of your request.
PRODUCTS
As mentioned above, you may purchase a Product only if you subscribe to the Website and acquire an Account with us. However, you may access the Overview Page of a Product as Visitor, i.e. without subscription and/or account.
ONLINE TRAINING PROGRAMS/COURSES
2. All available online training programs/courses are listed on the Website, under the title “Courses”. BDA does not warrant that all Products listed on the Website will be available for purchase at all times. You will find information about each Product, such as Time of Delivery, availability, Fee and content of the Product, on the Product’s Overview Page and in the Website’s Calendar. The Visitor may request further information, by contacting BDA, via email.
3. Each online training program/ course is 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 Product consists of live, or recorded videos presented by an Instructor on the Learning Platform.
4. The online training programs/courses are delivered on zoom.com.
5. BDA withholds the right to cancel the delivery of a Product, if the minimum number of six attendees for the specific Time of Delivery is not obtained. In such a case, BDA will send a cancellation notice via email to the Customer’s Designated Address, at least 7 calendar days prior to the Time of Delivery, and the Customer may:
(a) Cancel the transaction and request full refund of the Fee; or
(b) Request a Voucher for the value of the Fee, to be redeemed in another transaction within a year;
6. The Customer may request only one of the abovementioned remedies. BDA shall have no obligation to compensate the Customer for any amount exceeding the amount of the Fee.
RECORDED SEMINARS/WEBINARS
1.The recorded seminars/webinars are prepared and recorded by qualified Instructors, who have the necessary expertise on the specific topic of the seminar/webinar. However, BDA does not guarantee the accuracy and completeness of the content of the Product.
2. The recorded seminars/webinars are listed on the Website, under the title “Courses”. BDA does not warrant that all Products listed on the Website will be available for purchase at all times. You will find information about each Product, such as availability, duration, Fee and content of the Product, on the Product’s Overview Page. The Visitor/ Customer may request further information, by contacting BDA, via email.
4. BDA withholds the right to cancel the delivery of a Product, between the time of purchase and time of delivery, if the Product becomes unavailable for any reason. In such a case, BDA shall send a cancellation notice via email to the Customer’s Designated Address, as soon as BDA is informed about the Product’s unavailability and, the Customer may:
(c) Cancel the transaction and request full refund of the Fee; or
(d) Request a Voucher for the value of the Fee, to be redeemed in another transaction within a year;
5. The Customer may request only one of the abovementioned remedies. BDA shall have no obligation to compensate the Customer for any amount exceeding the amount of the Fee.
RESOURCES
1. The Resources consist of e-books, reports and various digital tools, to help you with your study, practice and understanding. The Resources are prepared by qualified Instructors, who have the necessary expertise on the relevant subject for which the resource is prepared. However, BDA does not guarantee the accuracy and effectiveness of the Product.
2. The Resources are listed on the Website, under the title “STORE”. BDA does not warrant that all Products listed on the Website will be available for purchase at all times. You will find information about each Product, on the Product’s Overview Page. The Visitor/ Customer may request further information, by contacting BDA via email.
3. The Resources are delivered on BDA’s LMS platform. The time of delivery is primarily decided by the Customer and/or Participant, unless the Customer acts as a Consumer, in which case special rules (below) apply regarding the delivery of the Product.
4. BDA withholds the right to cancel the delivery of a Product, between the time of purchase and time of delivery, if the Product becomes unavailable, for any reason. In such a case, BDA shall send a cancellation notice via email to the Customer’s Designated Address, as soon as BDA is informed about the Product’s unavailability and, the Customer may:
(a) Cancel the transaction and request full refund of the Fee; or
(b) Request a Voucher for the value of the Fee, to be redeemed in another transaction within a year;
5. The Customer may request only one of the abovementioned remedies. BDA shall have no obligation to compensate the Customer for any amount exceeding the amount of the Fee.
LICENSE TO SET UP YOUR OWN TRAINING PROGRAM/COURSE
Alternatively, you may aspire to set up your own training program/course for your staff and/or executives. BDA facilitates such training programs/courses under certain Licenses which contain specific terms and conditions. If you are interested in obtaining such License, you are advised to read LICENSE TERMS AND CONDITIONS FOR DESIGNATED COURSE/ PROGRAM.
You may purchase a Product of any kind, only if you subscribe to the Website and have access to an active Account.
ONLINE TRAINING PROGRAMS/ COURSES
1. The Customer may purchase an online training program/ course by visiting the Overview Page of the specific product and by filling in the Online Order Form with true, accurate, current and complete information. The Customer shall submit the Online Order Form simultaneously with the payment of the Fee. For the transaction to be completed, the Customer shall press the button “ORDER WITH OBLIGATION TO PAY”.
We advise you to read carefully the Cancellation Policy regarding this type of Products, which contains special rules due to the nature of the Products.
RECORDED SEMINARS/ WEBINARS/ RESOURCES
1. The Customer may purchase a Product from this category, by visiting the Overview Page of the specific product and by filling in the Online Order Form with true, accurate, current and complete information. The Customer shall submit the Online Order Form simultaneously with the payment of the Fee. For the transaction to be completed, the Customer shall press the button “ORDER WITH OBLIGATION TO PAY”.
Upon completion of payment, BDA shall send a Confirmation Notice to the Customer’s Designated Address, along with an invoice in PDF form.
LICENSE FOR DESIGNATED PROGRAM/COURSE
Please read the LICENSE TERMS AND CONDITIONS FOR DESIGNATED COURSE/PROGRAM.
FEE
FOR THE PRODUCTS
1. The Fee for each Product is predefined by BDA, at their absolute discretion and, it is not negotiable. However, a Customer may request a quotation by BDA, if the Customer wishes to purchase a Product to be delivered to more than 3 Participants.
2. BDA reserves the right, at any time to modify the fees or charges for a Product. Such modifications will apply to purchases completed after the publication of such modifications.
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. BDA will not store or otherwise process any credit card data, except where so required for the completion of a transaction.
5.Whenever BDA is under an obligation to refund the Customer according to the Terms of Use, the Customer will disclose to BDA their account details for the execution of the refund.
FOR LICENSES
Please read the LICENSE TERMS AND CONDITIONS FOR DESIGNATED COURSE/ PROGRAM.
CANCELLATION POLICY
ONLINE TRAINING PROGRAMS/COURSES
Purchasing an online course/program as a Consumer
1. If the Customer purchases an online course / program as a Consumer, they have the right to cancel the purchase without justification and claim refund (right of withdrawal), provided that the Customer sends a cancellation notice to BDA, within 14 calendar days from the date of payment. A sample of cancellation notice is provided in ANNEX 1 of this document.
2. To meet the cancellation deadline, the Customer must send their cancellation notice to BDA’s Designated Address via email, before the expiration of 14-day period.
3. If the Customer cancels their purchase after the expiration of the 14-day period but at least 14 calendar days prior to the Time of Delivery, BDA may, at their absolute discretion, issue a voucher for the value of the Fee, which will be redeemable in transactions completed within a year from its issuance. In any case, BDA shall have no obligation to refund the Customer, even if the Customer acts as a Consumer.
4. If the cancellation notice is send less than 14 calendar days from the Time of Delivery, the Customer will not be entitled to a refund or voucher, even if they act as a Consumer.
5. Any purchase of a Product must be completed at least 21 calendar days prior to the Date of Delivery. A purchase may be completed less than 21 days prior the Date of Delivery, if the Customer expressly waives their right of withdrawal. Upon waiver of the right of withdrawal, the Customer may cancel their purchase, but they will not be entitled to refund even if the cancellation notice is send within the 14-day period, mentioned in paragraph 1.
Purchasing a online training program/ course for trade/business/profession purposes
1. If the Customer purchases a Product for purposes related to their business, trade, craft or profession, they may cancel the purchase by sending a cancellation notice at least 14 calendar days prior to the Date of Delivery. In such a case, BDA shall have no obligation to refund the Customer. However, BDA may, at their absolute discretion, issue a voucher for the value of the Fee, redeemable in transactions, within a year from the date of issuance.
2. In case that the Customer cancels the purchase less than 14 calendar days from the Time of Delivery, BDA will not refund the Customer, nor will they issue a voucher.
RECORDED SEMINARS/WEBINARS/ RECOURSES
Due to the fact that Products such as the recorded seminars/webinars and the resources consist exclusively of digital content, which are not supplied on a tangible medium, the Customer- whether purchasing as a Consumer or not- can only access the recourses provided that:
(a) The Customer has paid the Fee;
(b) The Customer has provided prior express consent to begin the performance during the right of withdrawal period;
(c) The Customer has provided acknowledgement that they thereby lose their right of withdrawal; and
(d) BDA has provided the Customer with a confirmation of the transaction, containing the aforementioned waiver of right of withdrawal.
REFUND
Whenever BDA is under an obligation to refund the Customer, reimbursement shall be effect within 14 calendar days from the date that the Cancellation Notice is received. BDA shall use the same means of payment as the Customer used for the payment of the Fee. Τhe Customer will not incur any charges for the reimbursement.
VOUCHERS
Any Voucher issued pursuant to the provisions of the Terms of Use, shall be an electronic Voucher, containing a pin number. The Voucher shall be send via email to the Customer’s Designated Address. Each Voucher is redeemable at the purchase of any Product within a year from the issuance of the Voucher.
DELIVERY OF THE PRODUCT
ONLINE TRAINING PROGRAMS/COURSES
1. When you purchase a Product you should expect to receive an email containing a code and link. The email will be send one week prior to the Time of Delivery. In case you do not receive this email, we advise you to contact BDA.
2. On the date and at the time of delivery you must follow the link and use the code contained in the email, in order access the Platform where the Product will be delivered. The Product is delivered by qualified Instructors in two consecutive sessions. The duration of each session is three hours, with a fifteen-minutes break between the sessions.
3. The Product may include lecture, visual aids such as pictures, videos, slide shows, Power-point presentations and notes, as the Instructor may see fit for the purposes of the training program/course.
4. The Time of Delivery may be rescheduled for a good reason. In such case, BDA shall contact you promptly via email, disclosing the reason of the deferral and if possible, the new Time of Delivery. In any case BDA shall schedule a new Time of Delivery within 48 hours. If the new Time of Delivery is not acceptable by you, you may:
(a) Request full refund of the Fee; or
(b) 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.
5. Provided that you have attended both sessions of the Product you should expect to receive a certificate of attendance, via email.
RECORDED SEMINARS/ WEBINARS /RESOURCES
1. Recorded seminars/webinars and/or Resources are delivered to the Customer and/or Participants on BDA’s LMS Platform.
2. The Time of Delivery is determined by the Customer and/or the Participant, as follows:
(a) Due to the nature of this type of Products (they consist exclusively of digital content, which are not supplied on a tangible medium), if the Customer, opts to reserve the right of withdrawal, the Product will be delivered on a date selected by the Customer, after the expiration of the 14-day period for the exercise of the right of withdrawal.
(b) If the Customer waives their right of withdrawal, the Product may be delivered on any date selected by the Customer. In this case, the Product may be delivered immediately after the purchase of the Product.
3. Provided that you have attended a recorded seminar/webinar, you should expect to receive a certificate of attendance, via email.
RULES OF CONDUCT
VISITORS/CUSTOMERS/PARTICIPANTS
Whenever you visit the Website, subscribe to the Website, login, order and/or purchase a Product, receive delivery of a Product and/or contact BDA to request a quotation or any other information, you agree to abide by the following Rules of Conduct:
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. The Customer shall not act in any way which will infringe the use or rights of BDA, the Instructors and/or 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 other facilities.
3. The Customer/ Participant shall not attempt to gain unauthorized access to any Product, account, computer system or networks connected to the BDA’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 Third Parties, their login credentials and/or the code and link provided by BDA, unless BDA expressly authorizes such actions.
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 Terms of Use. The Customer agrees to not misrepresent or attempt to misrepresent their identity, while using the Website and/or the Learning Platform.
7. The Customer /Participant shall not use the Website and/or the Learning Platform:
(i) To promote illegal content and/or illegal activities;
(ii) To promote violence or other behaviours that create risk of physical injury, property damage and/or threatens public safety;
(iii) To harass others in any way, on the basis of nationality, age, gender, sexual orientation, marital status, disability, race, religion or political opinion;
(iv) To infringe intellectual property or other rights;
(v) To illegally process personal data of others and/or share unsolicited advertising or promotional material;
(vi) To interfere with another Visitor/Customer/Participant by distributing malware and/or viruses and/or by spamming or mailbombing and/or by accessing other Customers’/Participants’ Accounts.
8. The Customer/Participant shall comply with state, national, European and international legislation at all times they use the Website and/or the Learning Platform.
9. The Customer/Participant shall use the Website and/or the Learning Platform only for educational purposes.
INSTRUCTORS
If you visit the Website, subscribe and/or access an Account and/ or the Learning Platform in your capacity as an Instructor, you are bound by the rules of conduct mentioned above. However, you must make sure that you comply, at all times, with the following additional rules of conduct, which only apply to Instructors:
(a) The Instructor shall deliver the Product (only for online training programs/courses) on time and must appear well-prepared, informed and adequately qualified to deliver the Product. The Instructor shall ensure that they are adequately qualified and that they possess the required credentials and expertise to teach and/or to create a resource or any other Product.
(b) The Instructor shall ensure that the content of any Product is correct, accurate and appropriate for the purposes of the program/course. The quality of the Product must correspond with the standards of the relevant industry.
(c) The Instructor shall refrain from any actions of infringement of intellectual property or other rights, whether such rights belong to BDA or any Third Party. The Instructor shall obtain all necessary licenses, permissions, waivers and consents before using, publishing, distributing, reproducing any educational or other material that carries such rights.
(d) The Instructor shall ensure that the content of the course/program and/or educational material and/or resource is not inappropriate, false, misleading, defamatory or slanderous and does not offend and/or harass any person on the basis of nationality, age, gender, sexual orientation, marital status, disability, race, religion or political opinion
(e) The Instructor shall not engage in any activity on the Website and/or the Learning Platform that would require BDA to obtain licenses or permissions from supervisory authorities and/or to pay royalties to Third Parties.
(f) The Instructor shall not seek through their activity on the Website and/or the Learning Platform to affiliate, associate, or socialize with the Customers and/or Participants and, any communication must be strictly professional and sufficiently related to the purpose of the Product.
In case of breach of any rule and/or provision contained herein, BDA reserves the right:
(a) To de-activate your login credentials and/or your Account and/or to erase permanently your Account;
(b) To cancel your orders and/or purchases;
(c) To report you and/or your organization to the responsible authority;
(d) To remove, confiscate, destroy or otherwise dispose of- as they may see fit- any material or content you used as an Instructor, that violates the Terms of Use or infringes intellectual property rights or other rights of BDA or Third Parties;
(e) To bring a claim against you in Court, for an injunction and/or compensatory damages.
INTELLECTUAL PROPERTY
2. BDA’s name, the Websites, BDA’s Logo and the Products names are trademarks of BDA and/or Third Parties. No right and/ or license and/or permission is granted to the Customer/ Participant to use them for purposes other than the purposes provided in the Terms of Use.
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 BDA and/or Third Parties to the Customer/ Participant, or from the Customer/ Participant to BDA 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 BDA’s obligations, shall be exclusive property of BDA and/or Third Parties.
6. BDA acknowledges that the material provided by an Instructor is the Intellectual Property of the Instructor and/or Third Parties. However, by subscribing to the Website as an Instructor and submitting any Product for sale, the Instructor grants BDA express, unequivocal, worldwide, non-exclusive license to copy, redistribute, use or publish the Product for commercial and educational purposes.
7. An Instructor acknowledges that BDA’s name, Website, Logo and Products’ names are trademarks and/ or intellectual property of BDA. No right or license is granted to the Instructor to use them for purposes other than the delivery or submission of a Product. The Instructor acknowledges that any description and/or title of a Product, published on BDA’s Website, is the Intellectual Property of BDA.
8. Nothing contained in these Terms of Use shall be construed as granting to any Party a license, express or implied, under any patent, copyright, trade secret, or other Intellectual Property right, except where is so provided explicitly herein and/or in any supplementary agreement of the Parties.
9. An Instructor, by submitting a Product, warrants that they have obtained all necessary permissions and/or licenses for the content, which is subject to intellectual property rights of Third Parties. In case of breach of this warranty, the Instructor undertakes to indemnify BDA for any fines, damages and expenses (including legal fees or expenses) incurred by BDA in the course of defending itself against claims arising and resulting from the breach.
PERSONAL DATA
The Customer/ Participant/ Visitor consents to the processing of its Personal Data by the BDA, according to the BDA’s Privacy Policy.
NO ACADEMIC CREDIT
BDA does not grant academic credit for the completion of any course or program, whether live or recorded. BDA does not undertake an obligation to provide Products which may be recognized by any educational institution or accreditation organization. Any certificate of attendance is provided only as a confirmation of the delivery of the Product to a specific person and does not constitute an academic title or a certificate carrying academic credit.
FORCE MAJEURE EVENT
2. A Party that becomes aware of a Force Majeure Event which causes, or which is likely to cause any failure or delay in the performance of their obligations, must:
(a) Promptly notify the other Party; and
(b) 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 event.
WARRANTIES
1. BDA warrants to the Customer that:
(a) BDA has the legal right and authority to enter into an agreement and perform its obligations under the Terms of Use;
(b) BDA will comply with all applicable legal and regulatory requirements for the performance of its obligations;
(c) BDA has the required expertise and experience to perform its obligations;
(d) The Delivery of a Product shall be free of reasonably forceable and detectable defect;
(e) BDA will exercise reasonable endeavours so that the Website is free from viruses, worms, Trojan horses, ransomware, spyware, adware, and other malicious software programs.
(f) The content of each Product will be compatible with the description provided on the Website;
2. The Customer warrants that:
(a) They have the authority and the legal capacity to enter into an agreement.
(b) Any information that they provide on the Subscription Form and/or any Online Order Form and/or in any email or other communication with the BDA, is correct and up-to-date.
(c) In case that the Customer purchases a Product to be delivered to Participants other than the Customer, the Customer has the authority and the written consent of such Participants to disclose their personal information and/or Personal Data to BDA.
(d) They will take all reasonable measures to inform the Participants about the provisions of the Terms of Use and will ensure that all Participants comply with them.
(e) The Parties’ warranties and representations in respect of the subject matter of an agreement, formed for the purchase and delivery of a Product, 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 such agreement will be implied into the Terms of Use or any related contract.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
1. Whilst BDA will use their best endeavours, at all times, to comply with its legal and contractual obligations, BDA does not accept liability for any loss suffered by the Customer/ Participant/ Instructor 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 purchase of the Product.
2. BDA does not accept liability for any consequential economic or other losses suffered by the Customer/ Participant/ Instructor, 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 purchase of the Product.
3. BDA shall not be liable to the Customer/ Participant/ Instructor, in respect of:
(a) Any loss arising out of a Force Majeure event;
(b) Any loss of profits or anticipated savings;
(c) Any loss of revenue or income;
(d) Any loss of use or production;
(e) Any loss of business, contracts, or opportunities;
(f) Any loss or corruption of any data, database, or software, provided that BDA has fully complied with its obligations in relation to the processing of Personal Data;
(g) Any special, indirect, or consequential loss or damage.
4. Nothing in these Terms of Use shall:
(a) Limit or exclude liability for death or personal injury resulting from negligence;
(b) Limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)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 BDA 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. BDA does not make any warranties about the accuracy, completeness, timeliness or quality of the Website or the content of a Product.
4. The Customer acknowledges that they use the Website, purchase, and accept delivery of Products at their own risk. Any subscription, access to or downloading 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 they shall be exclusively responsible for any damage to their property or any loss of data resulting from the navigation on the Website, subscription to the Website, purchase of a Product, downloading 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 BDA makes no such representation.
7. The Customer acknowledges that the delivery of the Product may require compatible devices, Internet access and certain software. Delivery of the Product may be affected by these factors and it is the Customer’s responsibility to meet these requirements.
8. The Customer acknowledges that BDA does not warrant that the Product will be deliverable with any software or system.
9. The Customer acknowledges that by delivering a Product, BDA does not provide consulting services and/or advice regarding the topic of the Product. The content of each Product is provided only for educational purposes and BDA bares no responsibility for the results arising from the use of the content of the Product by the Customer/ Participant.
10. The Customer acknowledges that any comments or questions posted by the Participants, will be subject to the Terms and Conditions of the Learning Platform, on which they are posted, and BDA shall not bare any responsibility for the management of such comments or questions, nor for the processing of Personal Data of the Participant, occurring while posting on the Learning Platform.
11. The Customer acknowledges that BDA does not warrant that the requirement of minimum number of Participants (at least six), will be met after the Customer purchases a Product.
12. The Customer acknowledges that BDA is not accredited institute and has no authorization to issue official certificates. The certificate of attendance issued by BDA to the Customer/ Participant, is not an academic certificate or title.
13. The Customer acknowledges that BDA does not undertake responsibility for the accuracy, lack of error, validity, correctness, precision, exactitude and/or advisability of the content of a Product.
14. The Customer acknowledges that BDA does not scrutinize, evaluate and/or examine the content of each Product. However, BDA may remove and/or modify any such content at their absolute discretion, if such content is found to be in violation of the Terms of Use or otherwise inappropriate.
15. The Customer acknowledges that if the use of the Website or any Learning Platform by the Customer threatens BDA’s ability to sell and/or deliver a Product, whether intentionally or unintentionally, BDA is entitled to take all reasonable measures to protect the Website, the Product and/or the delivery of the Product, which may include suspension of the Customer’s/ Participant’s access to the Website and/or Account and/or to the Product and/or the Learning Platform.
16. The Customer acknowledges that BDA 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.
17. The Customer acknowledges that BDA is at liberty to remove certain products and/or features of the products and/or the Platform and/or the Website. BDA shall not be held liable for any damages suffered by the Customer and/ or a Participants, due to such modifications.
SUBCONTRACTING AND ASSIGNMENT
1. BDA may subcontract any of their obligations stipulated herein, provided that, promptly after the appointment of the subcontractor, BDA notifies the Customer accordingly. BDA shall identify the subcontractor and specify the subcontracted obligations. BDA will remain responsible for the performance of all subcontracted obligations.
2. BDA may assign, transfer, or otherwise deal with their contractual rights and obligations, stipulated herein.
3. The Customer shall not assign, transfer, or otherwise deal with their contractual rights and obligations stipulated herein, without obtaining BDA’s prior written consent. BDA shall not withhold or delay such consent unreasonably.
INDEMNIFICATION
1. The Customer/ Participant/ Instructor agrees to indemnify and hold harmless BDA 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 Use (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, includes indemnification for actions or omissions of any Participant, to whom the Product is delivered, pursuant to a transaction between the Customer and BDA.
VARIATIONS
1.BDA reserves the right to revise and vary the Terms of Use, at their absolute discretion, at any time. For any substantial variations, BDA shall take all reasonable steps to notify the existing Customers, via email. Such variations in the Terms of Use will be effective immediately after their publication on the Website, and they will apply to transactions made after the publication.
2. Additionally, BDA reserves the right to add or remove functions, features, or Products from the Website. BDA may suspend the sale of the Products all together for any reason. If the Customer has purchased a Product which is suspended or removed before the Time of Delivery, BDA shall refund the Customer or issue a Voucher in accordance with the refund policy of BDA.
NOTICES
Any notices given between the Parties pursuant to the provisions of the Terms of Use, must be in writing and send via email to the other Party’s Designated Address.
ENTIRE AGREEMENT
1. The Terms of Use 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 BDA.
2. The Customer hereby agrees that they accept the Terms of Use and they have not relied upon any warranty or representation made by or on behalf of BDA, except where expressly stated in the Terms of Use or in the quotation given by BDA. Nothing in this Clause shall be construed as limiting or excluding either Party’s liability for fraud or deceit in inducing the acceptance of the Term of Use.
WAIVER AND SEVERABILITY
1. In case of breach of any term, condition or warranty contained herein by either Party, the innocent Party shall not be considered to have waived any of their rights arising from the breach, unless such waiver is given in writing.
2. No waiver regarding a breach of any term, condition or warranty contained herein, shall be construed as a further or continuing waiver of any other breach.
3. Any term contained herein, 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 all other terms contained herein and, the Parties shall continue to be bound by the other provisions of the Terms of Use.
LAW AND JURISDICTION
Any transaction between the Parties 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.
