Webinar Academy

TERMS AND CONDITIONS of the Webinaracademy.center Platform

1. Definitions used in the Terms and Conditions

Platform – website: http://webinaracademy.center/

Platform Administrator - the company managing the Platform, ensuring appropriate technical conditions for concluding contracts within the Platform by Customer and Vendor. The Platform Administrator, depending on the agreement concluded with the Vendor, may provide sales support services to Customers, on behalf of Vendor.

Customer – a natural person, of legal age according to the laws of their country of residence, who makes an Order on the Platform;

Terms and Conditions – these Terms and Conditions for the provision of services by electronic means within the Platform, regulating the rights and obligations of the Vendor and the Customer in connection with the agreements concluded within the Platform;

Product/Educational services package – online training/webinar, selected by the Customer, that is live streamed or presented on the Platform or on other websites;

Affiliate/Business Partner – the entity to whom the Vendor has outsourced operational marketing activities that bring potential Customers to the Platform;

Promotional Action – promotional action of the Products carried out by means of the Platform or Business Partners aimed at promoting the Products; the terms of Promotional Actions may be limited in time, free Promotional Action Add-ons may be offered depending on the Product, each time the Customer shall receive information on the size, type or time of the Promotional Action Add-on which is to be added;

Promotional Action Add-ons – gifts that may be included with the Product as part of Promotional Actions. It is clarified by specifying the type and quantity at the time of placing the Order. The gift may change depending on the Promotional Action and is provided free of charge. Nothing in the Promotional Action shall be construed by the Customer as an offer to purchase a gift for the Product being promoted. Access to a gift shall be granted to the Customer after the Customer submits request for a gift to the Vendor.

Sale Contract – contract of sale of Products, concluded between Growbally LLC, 112 Capitol Trail Suite A, Newark DE, 19711, concluded using the Platform, on the basis of which the Customer is granted a limited access to the Product of Customer choice and, if applicable, a Promotional Action Add-on;

Vendor – the entity concluding the Sales Contract;

Access Password – a unique sequence of alphanumeric characters provided by the Vendor to enable access to the Product;

Order – Customer's declaration of will aimed directly at concluding a Sales Contract, specifying, in particular, the type and number of Products, submitted via the Platform or Affiliates. For an effective conclusion of the contract, the Vendor is required to confirm the acceptance of the Order;

Payment Provider – payments for the Products can be processed by individuals or third parties providing services in the scope of data processing and payments, invoicing of amounts due, reconciliation of balances and reporting;

Fees/costs – fees charged to the Customer for handling and preparing the Order, added to the price of the Order, the amount of which depends on the type of the Order, and the final value of which is visible to the Customer in the Order summary. The Customer has an opportunity to review these costs before placing the Order. The Vendor shall have the right to charge an additional fee for the costs incurred in connection with the activities of additional servicing of the order, as part of a Promotional Action, or as part of after-sales services.

2. General provisions

These Terms and Conditions set out the rules for using the Products offered on the Platform.
These Terms and Conditions define in particular:
1. the terms and conditions for placing Orders for Products available on the Platform;
2. the terms and conditions for concluding Sale Contracts for the Products available on the Platform.
In order to make the offer, the Customer should gain access, in their own scope, to a computer station or end device with an Internet connection.
Provision of services via the Platform may be restricted, in accordance with applicable law, solely to persons of legal age.
Customers may access these Terms and Conditions at any time via the link provided on the home page of the Platform.
Information about Products given on the Platform's websites or offered as part of Promotional Actions, whether or not including a Promotional Action Add-on, constitutes an invitation to conclude a Sales Contract.

3. Rules on using the Platform

In order to use the offer available on the Platform, the Order form must be correctly filled in and accepted.
Making a purchase is tantamount to agreeing to the content of the Terms and Conditions and Privacy Policy and providing personal data marked as obligatory.
In order to ensure the security of transmission of communications and data in connection with the provision of services provided via the Platform, the Platform Administrator shall take technical and organizational measures appropriate to the level of risk to the security of the services provided, in particular, measures preventing unauthorized collection and unauthorized modification of the personal data transmitted online.
In particular, the Customer shall:
1. use the Platform in a manner consistent with the law and the provisions of the Terms and Conditions,
2. use any content posted within the Platform only for their own personal use.
The Vendor reserves the right to cancel an Order if the Customer's behavior is seen to be suspicious, offensive or potentially fraudulent, as well as when the Customer has the history of orders made within the Platform with no intention of its collection.
The Vendor reserves the right to discontinue the sale of Products at any time or to modify the Terms and Conditions.
Purchases are made for personal use only.
Customer agrees not to provide false information, including false names, addresses as well as contact and payment information.
The Customer agrees to update the data whenever they change. The Vendor shall not be held liable for any consequences resulting from a failure to fulfil this obligation.
All the prices are quoted in a particular currency and include all taxes applicable to the country of the Vendor's registered office. If an additional tax obligation applies in the country of residence of the Customer, the Customer shall be liable for the collection, deduction, declaration and payment of additional taxes to the appropriate tax authorities.
The Customer's personal information is collected under the terms of the Privacy Policy.
Personal data provided when placing an Order shall be processed by the Payment Provider, logistic company or other entity that conducts services on behalf of the Vendor, to the extent necessary for the Order to be processed, Sales Contract performed and Products used, including to provide online and offline settlements and after-sales services.
Unless otherwise agreed, the Vendor can make changes to the specifications of the Products.

4. Sales Contract execution procedure

The Customer shall specify the following details in the Order Form, made available on Platform or Business Partner website, as a minimum:
- Full name of the Customer,
- Phone number of the Customer,
- Email address of the Customer to which the Customer Account shall be assigned.
  By completing the Order Form, the Customer:
- confirms the authenticity and accuracy of the data contained in the above-mentioned Form,
- expresses consent to the provisions of these Terms and Conditions, recognizing their binding character,
- agrees to the processing of personal data contained therein for the purpose of offering products and services by the Vendor directly to the Customer (direct marketing).
Upon receipt of the Order Form, the Vendor's Customer Service Department shall contact the Customer by telephone to confirm the detailed parameters of the Order and/or establish final Contract terms.
After making the confirmation indicated in point. 4.2, the Customer shall receive a confirmation of acceptance of the Order electronically, to the email address indicated by the Customer.
Order value is the amount specified in the confirmation of the acceptance of the Order, which is the price of the Product selected by the Customer. The value of the Order is tantamount to the total amount that the Customer has agreed to pay.
The Order shall be deemed accepted for processing at the moment of sending the confirmation of the acceptance of the Order by the Vendor to the Customer.
If the Customer has not completed the Order, the Vendor's Customer Service Department shall contact the Customer using the data provided during the Order placement process, in order to confirm the receipt of the Order, which the Customer agrees to. The confirmation mentioned above shall be tantamount to placing an Order by the Customer, in accordance with the conditions specified in these Terms and Conditions. The Purchase is not complete until all of the conditions of the Sales Contract are agreed upon by the Parties and the Customer receives an email confirming the acceptance of the Customer's offer by the Vendor.
If a Purchase is made, the Access Password shall be immediately sent to the Customer by e-mail, courier or post. Payments may be recorded and processed by different Payment Providers or by companies providing courier services, if payment on delivery is selected.
Unless expressly stated otherwise in the Terms and Conditions, there is no limit on Product Purchases per Customer. The Vendor reserves the right to discontinue the sale of Products at any time or to modify the Terms and Conditions.
The Customer shall be informed about the way the Products will be redeemed via email, where all the necessary details needed to redeem the Product will be provided.

5. Delivery

The delivery of the ordered Products in electronic version and the associated communication shall take place at the email address indicated by the Customer during the Order placement process.
Delivery of the ordered Products that require delivery to a postal address shall take place to the address specified by the Customer when placing the Order. Delivery costs shall be covered by the Vendor or the Customer, depending each case on the parties’ arrangements made during Ordering process or in the Sale Contract. Additional costs may be made apparent during the Ordering process in the case of certain Products.
In case of payments for ordering the Products which require delivery to Customer's address, charges forward may be in force. Due to internal processes and guidelines of our logistics' partners and delivery companies with whom we cooperate, we recommend opting for cashless payments.
No deliveries or Orders shall be made to certain high-risk countries. No payments can be made from such countries.

6. Products

By concluding the Sale Contract for a Product, the Customer receives access to online training/webinar, along with live advise and support given during the course.
The access to Product entitles the Customer to view the online training/webinar via Platform, for the duration of the course, as notified to the Customer.
The content of the Platform, as well as the Products, are subject to full protection in regard to copyrights or other intellectual property rights and must not be used for purposes other than those expressly permitted in these Terms and Conditions – in particular, they must not be copied, either in whole or in part.
The Customer is granted a limited, non-exclusive, non-transferable license to access and view the Product and associated content solely for personal, non-commercial, educational purposes of the Customer. All other uses are expressly prohibited. Especially, the Customer has no right to resell the Product in any manner, or display, distribute, or make available any Product available on the Platform to any third party in any manner, for a fee or otherwise. This includes, but is not limited to, sharing Product with third parties, downloading the Product, sharing or uploading the Product on any website, as well as making the Product publicly accessible in any other way.
The Vendor reserves the right to revoke any license to access and use any Product at any point in time due to legal grounds or Vendor policy reasons.
Some of the Products or features on the Platform may be disabled from time to time. For example, Q&A services or teaching assistance may be disabled, suspended or terminated due to the lack of availability of instructors, technical difficulties, or other reasons, that may be notified on the Platform or to Customer directly.
To access the Product, the Customer is obliged to use appropriate equipment, that meets basic technical requirements, that is: (I) computer/laptop/telephone or other device with a compatible operating system; (ii) Internet, preferably a high speed wired connection, since wireless internet connectivity may fluctuate during the live event; (iii) audio connections, including computer speakers, headphones, or earbuds, and a microphone; (iv) if applicable – a webcam, (v) access to the supported web browser.

7. Product use

Products are not exchangeable or returnable for cash.
Each Access Password can be used only once. An Access Password cannot be used partially.
Product expiry date. Each Product is valid for 6 months from the date of delivery of the Access Password. Product expiry date means the time within which the Access Password must be activated and the Product used. After this period, it is not possible to use the Product. The provisions listed above shall also apply to the Promotional Action Add-ons.
In order to claim the Product, the Customer shall use the Platform. The Customer shall receive the data needed to log in to the Platform in the shipment.
The Vendor is legally obliged to ensure that the Products comply with the concluded Sale contract. The Vendor does not make or give any additional promises, warranties, guarantees or representations concerning the Products.

8. Withdrawal from the contract

The Customer, who is a consumer, who hasn't used the Product, shall be entitled to withdraw from the Contract within 14 days from the date on which the Customer received the Temporary Access Password, and receive the full refund of costs.
The Customer who has used the Access Password within the period of 14 days indicated above, acknowledges and agrees to lose the right to withdraw from the Contract.
To apply for a refund, please contact contact@webinaracademy.center
In the event of a withdrawal from the Contract on the basis of which the Customer received Promotional Action Add-on delivered by post, the Consumer will have to bear the cost of returning the Promotional Action Add-on by post, to the address indicated by the Vendor.
Due to internal processes and guidelines of our logistics' partners and delivery companies with whom we cooperate, the only acceptable form of refund by way of withdrawal from the contract is a transfer to the bank account. Transfers are realized through international remittance.
It is impossible to withdraw from a Sales Contract in relation to a Product which already has been used. Product use is defined as participation in an online training course or any other use by the Customer of the Product or Promotional Action Add-on received as part of the Contract. In particular, the right to withdraw from a Sales Contract does not apply when a Promotional Action Add-on is a sealed good, that was unsealed after delivery, and is not suitable for return due to health protection or hygiene reasons.
The Vendor reserves the right to conduct additional verification of the Customer's identity during the Contract withdrawal process. The Customer will be informed each time if they are required to provide additional data.

9. Complaints

If, in the opinion of the Customer, the services provided or Products sold on the basis of the Terms and Conditions are not carried out or are carried out in breach of the provisions of the Terms and Conditions, the Customer shall be entitled to submit a complaint by email to: contact@webinaracademy.center
The complaints received by the Vendor shall be considered within 30 days from their receipt to the email address specified in point 1) above. If the Complaint does not include information necessary for its consideration, the Vendor shall request the person submitting the Complaint to provide the necessary information, and the term of 30 days shall then run from the day on which the correctly completed Complaint is received.
The Complaint shall include at least the Customer's full name, the Customer's email address, a description of any objections raised and an indication of the proposed method of resolving the Complaint.
A response to a Complaint shall be sent to the email address specified by the Customer in the Order. In justified cases, the Vendor may send a response to another email address specified by the person submitting the Complaint which is not assigned to the Order.
Should it be impossible to identify the Customer, the complaint will be left unconsidered.
The Vendor shall not be liable for any losses not caused by the Vendor's fault.
If the Consumer is EU citizen, to pursue claims against Vendor, Consumer may use out-of-court procedures for pursuing claims and handling complaints. A platform for online dispute resolution between consumers and traders at EU level (ODR platform) is available at http://ec.europa.eu/consumers/odr. The ODR platform is an interactive and multilingual website with a comprehensive service for consumers and traders seeking an out-of-court resolution of disputes concerning contractual obligations under online sales contracts.

10. Safe satisfaction trial

The Vendor reserves a right to introduce the „Safe Satisfaction Trial” Promotional Action.
The "Safe Satisfaction Trial" applies if the Vendor offers the Customer a possibility of covering the Order with the "Safe Satisfaction Trial" and the Customer agrees to apply it.
Information about the possibility of applying the "Safe Satisfaction Trial" Promotional Action to the Order may be provided to the Customer within the Platform or via means of distance communication (e-mail or telephone).
The "Safe Satisfaction Trial" is subject to a fee and the amount paid for the "Safe Satisfaction Trial" is non-refundable.
The purpose of the "Safe Satisfaction Trial" is the opportunity to test the Products within a set period of time; if the Customer is not satisfied, the Customer may obtain a refund for the purchased products.
By applying the " Safe Satisfaction Trial" to the Order, the Customer has the opportunity to open and try the products, including Promotional Action Add-ons, out within 60 calendar days from the date of delivery of the Products.
The conditions for accepting the return of the Product and obtaining a refund for the price paid for the Product within “Safe Satisfaction Trial” are the lack of satisfaction with the Product and submitting a request for refund within 60 calendar days from the date of delivery of the Products.
If under the Sale Contract covered by the "Safe Satisfaction Trial", the Customer has purchased or received as a Promotional Action Add-on several Products, the Customer has the opportunity to open and try all of the Products received, including Promotional Action Add-ons, even of the same type or category.
If after concluding the Sale Contract covered by the "Safe Satisfaction Trial", the Customer concludes another Sale Contract, not covered by the “Safe Satisfaction Trial”, the Products bought or Promotional Action Add-ons received on the basis of the subsequent Sale Contract are not covered by the “Safe Satisfaction Trial”. Thus the Customer may not test the Products or Promotional Action Add-ons bought on the basis of the subsequent Sale Contract on the same terms as under the “Safe Satisfaction Trial”.
Request for a refund within "Safe Satisfaction Trial" is considered according to the terms set out in the “Complaints” section of the Terms and Conditions. If under the Sale Contract a physical Product was delivered to the Customer, the Customer may be obliged to provide the Vendor with a photo reflecting the usage of all Products, for evaluation purposes.
After the Vendor accepts the request for a refund within "Safe Satisfaction Trial", the Customer is obliged to return the purchased, unopened Products to the Vendor on the same terms as when withdrawing from the contract.
In relation to digital products or products partially used, the Vendor may not require the physical return of the Products. In such a situation, the Customer will be informed that there is no need to return Products opened or used.
After verifying the returned Products and checking whether their usage complies with the terms of "Safe Satisfaction Trial", the Vendor will refund the Customer the funds for the Products covered with the "Safe Satisfaction Trial" within 30 days.
Other fees collected from the Customer, apart from the amounts constituting the price for the Products, including shipping fees, handling fees, and the fees for the "Safe Satisfaction Trial", are not covered by the "Safe Satisfaction Trial" and are not refundable.
Other Customer rights apply regardless of the rights arising from the "Safe Satisfaction Trial".

11. Liability and indemnity

The Platform Administrator is not a party to the Sale Contract, but only offers a Platform where Vendor and Customers may conduct activities aimed at concluding a Sales Contract, as well as performing the Sales Contract. The Platform Administrator shall not be liable for the quality, safety or legality of the services of the Products purchased, as well as for the reliability and accuracy of the information contained in advertisements, for the possibility or right of the Vendor to sell certain products or services, or for the solvency of Customers placing Orders.
The payment provider, logistic provider or other entity conducting services connected to the Sales Contract on behalf of the Vendor is not a party to the Contract concluded between the Customers and Vendors and shall not be held liable for improper performance or non-performance of Contracts concluded by the Customers.
Neither the Platform Administrator nor the payment provider, logistic provider or other entity conducting services connected to the Sales Contract on behalf of the Vendor, shall be liable for any special, indirect or consequential losses incurred during the use of the Products or the Promotional Action Add-ons.
The Vendor shall not be liable for the violation of these Terms and Conditions, if the fulfilment of a particular obligation has become impossible due to reasons beyond its control.
The Platform Administrator provides the Platform “as is”, “with all faults” and “as available”. The Vendor and its suppliers do not give express warranties or guarantees regarding Platform, Access Password, Promotional Action Add-ons, or any other products or services.

12. Final provisions

If any provisions of these Terms and Conditions are deemed invalid or ineffective, this shall not affect the validity and enforceability of the remaining provisions hereof. Such an invalid or ineffective provision shall be replaced with a valid and effective one that resembles as close as possible the economic effect which the invalid or ineffective provision had referred to.
The Customer shall be required to become acquainted with the changes to the Terms and Conditions if the Customer uses the Platform in any way.
The binding version of the Terms and Conditions is the version posted on http://webinaracademy.center/