This https://webinaracademy.center/ (the "Website") is the operated by Growbally LLC, with its registered seat at 112 Capitol Trail Suite A, Newark, DE, 19711, Delaware, USA, hereinafter referred to as "company", "us" or "we", available at the email address: contact@wa-contactcenter.com (the "Support").
In addition to primary services provided via the Website, based on this terms and conditions we offer an educational webinar(s) access service, which may be accompanied by a bonus gift, provided within a subscription payment model ("Subscription").
These terms and conditions, together with any documents they expressly incorporate by reference (collectively the "Terms"), govern access and use of the Subscription. These Terms apply to any interaction we may have.
By accepting these Terms upon placing an order for the Subscription you acknowledge that you have read, understood and agreed to be bound and abide by the Terms. It is crucial that you understand these Terms to avoid any issues as they intend to protect you. You should be aware that you can only order a Subscription if you have the legal capacity to enter into contracts, in accordance with the laws of your place of residence on the date of order.
Agreement to the Terms also constitutes your agreement to general Terms and Conditions, our Privacy Policy, and other company's policies and document availed to you governing our relation, which are incorporated herein. To all matters not settled herein provisions of those other policies shall apply.
You are bound by the conditions that apply at the time you place your order for Subscription. The Terms may be updated which may directly introduce changes to your Subscription's terms and conditions. Each such change shall be communicated to you by delivering an updated version of the Terms to the email address you provided upon placing an order, and, unless otherwise stated in the applicable law, shall be effective upon your receiving of the message. The latest applicable version of the Terms is always available on the Website. If you do not agree with the updated Terms you may terminate your Subscription by contacting the Support.
I. PROVISION OF SERVICES
We offer subscription contracts -- Subscriptions - for purchase of educational webinars through this Website, which may or may not be accompanied by wellness gifts.
To make a purchase you have to place an order for the Subscription of your interest.
By placing an order in accordance with the Terms you explicitly acknowledge your obligation to pay for your purchase.
II. PLACING ORDER FOR SUBSCRIPTION
To place and order and start your Subscription you must:
select the desired educational webinar(s);
confirm the information entered in the registration form for which the selected service is intended, which includes providing us with your delivery address, as well as first and last name.
By placing an order for Subscription in accordance with the Terms you conclude a contract for continuous delivery of accesses/keys to educational content and free items if applicable, which may be terminated at any time, and you explicitly acknowledge your obligation to pay the applicable Subscription fee until the contract is active (binding).
Upon subscribing to a selected Subscription, a confirmation of your subscription will be sent to the email address provided in the registration form.
SUBSCRIPTION CONTRACTS ARE SUBJECT TO AUTOMATIC RENEWAL, MEANING THAT BY PLACING THE ORDER FOR THE SUBSCRIPTION YOU CONSENT TO RECURRING CHARGES FOR THE AGREED-UPON SUBSCRIPTION FEE TO BE APPLIED TO YOU UNTIL THE SUBSCRIPTION IS TERMINATED.
III. SUBSCRIPTION
The Subscription allows you to receive an access to the selected series of educational live webinars of the selected category provided on a regular basis, along with a bonus wellness gift -- if applicable.
Unless otherwise specified on the Website and subject to instances of unforeseeable delivery delays, access to the Subscription will be provided to you in accordance with your selected frequency by a courier, in the form of a package containing access code to your new educational webinar (the "Delivery").
The package shall be delivered to the address you had provided to us during placing your order. It is your responsibility to provide the correct and complete details for Delivery. If you wish to change your address, please contact us.
The Delivery of your order shall be made only within the European territory. If your delivery address is not within the delivery area, you will be informed accordingly.
IV. DURATION OF SUBSCRIPTION
Subscriptions are purchased for an indefinite term and you will be charged for each billing cycle in compliance with your chosen frequency plan, unless you unsubscribe. The minimum term of the Subscription is one month.
You may cancel your Subscription at any time by contacting our Support by e-mail. The cancellation has such an effect that the next scheduled Delivery will be cancelled, unless it had been dispatched before your cancellation notice was delivered to us.
In case you have multiple active Subscriptions, you must indicate which Subscription you intend to cancel, otherwise the cancellation will not be effective.
In the absence of a cancellation notice provided in accordance with this Section IV of the Terms, the Subscription shall automatically renew for an indefinite period at the purchase price applicable at the time of renewal.
V. PRICES AND PAYMENT
The purchase price for a Subscription is composed of the price for the Subscription indicated and agreed upon placing an order and, if applicable, costs of Delivery.
The prices shown on the Website and/or communicated upon before placing an order are gross prices (including all customs duties and taxes, including any taxes, if applicable) and are expressed in selected currency.
The final purchase price is indicated to you in your Subscription order summary.
The payment is collected at the time of the Delivery, either by cash or credit/debit card.
Particular terms and conditions of Subscriptions available for purchase via the Website are subject to change (e.g. as part of a promotional campaign). The terms of your Subscription, including the pricing, are not subject to automatic adjustment to the each time offered Subscription terms.
The price of Subscription and/or Delivery may change from time to time, based on the economic factors impacting our business. If new prices are to be applied to your active Subscription, you will be informed about it and shall have a right to withdraw from the contract within 14 days from respective notification. Lack of withdrawal notice is considered as acceptance of new purchase price.
If you change your Delivery address in such a way that either increases or decreases shipping costs, your Subscription fee will be adjusted accordingly, of which you will be informed by email.
VI. SUSPENSION DUE TO NON-PAYMENT
In regard to your Subscription plan, if you are not able to pick up the Delivery at least twice in a row (consecutively) and we are not able to capture the amount due for those Deliveries, after several attempts we may decide to suspend your Subscription or stop the supply of the Subscription you ordered, of which you will be informed by email.
Any suspension for non-payment or any failure or delays in exercising our rights and remedies under these Terms regarding your non-payment does not constitute a waiver of our rights or remedies, and shall not prevent or restrict the further exercise of such a right or any other right or remedy by us.
We reserve the right to further investigate and take actions in case of wrongful refunds of the Subscription payments, both in case (i) you received your order(s) in compliance with these Terms and did not exercise your right to withdrawal, and, (ii) in case you used the chargeback option with your payment solution provider as a means to receive undue reimbursement or refund (e.g. fraudulent behaviour).
VII. COMPLAINTS
You have the right to file a complaint regarding the malfunction of the Subscription service.
The complaint should contain at least the data enabling your identification as the person filing the complaint, as well as an indication of justified reservations and comments regarding the Website or the Subscription. The complaint should be sent in accordance with the relevant procedure of the general Terms and Conditions available on the Website.
We will respond to your complaint within the time limit specified by applicable law, starting from the date you provide us with the complete information indicated in point 7.2 above. You will receive a response to the email address from which the complaint was sent.
VIII. RIGHT OF WITHDRAWAL
If you are a consumer, as per defined by the applicable law, you may use your right of withdrawal from the Subscription contract within 14 days without giving any reason.
The withdrawal period begins from the Delivery of the first package to you or to a person indicated by you (other than the carrier).
As a consumer, you can withdraw from the purchase contract by submitting a declaration of your will to withdraw. To meet the withdrawal deadline, it is sufficient for you to inform us about your will to withdraw before the expiry of that deadline in accordance with the relevant procedure indicated in the general Terms and Conditions available on the Website.
If we confirm that your withdrawal from the contract is valid and effective (i.e. it contains all information required to give it course), your Subscription contract will be considered not concluded and you will be required to send back all received physical items including wellness gift, if applicable, to our dedicated address (the address indicated to you in email confirming your effective withdrawal) no later than 14 days from the day on which we accepted your withdrawal from the contract. The deadline will be met if you send (dispatch) the package back before the expiry of the 14-day period.
IX. DISCLAIMERS, LIABILITY, RESPONSIBILITY
To the extent permissible by the applicable law, without prejudice to other provisions of these Terms, the following specific provisions shall apply to you: (1) we shall not be liable for damages caused to you through unintentional fault, and our liability shall be limited to the losses incurred by you, (2) only jurisdiction applicable to our registered office law shall apply to the rights and obligations arising from these Terms, (3) disputes arising between us and you shall be submitted exclusively to the court having jurisdiction over our registered office, (4) if any of the provisions of these Terms are contradictory or unclear, we have the right to a binding interpretation of these Terms for you.
We will not be held responsible if you provided us with wrong or incomplete shipping information, or if you failed to collect your order from the delivery address you have chosen. You cannot change your delivery address after your shipment address is confirmed and, in the event of an unsuccessful delivery due to such a failure and/or if we have to send you the order again, we reserve the right to charge an additional reasonable sum to compensate for any extra costs in logistics.
We are not liable for the content of any of its business partners' websites, nor for conflicts between customers and partners' websites or partners' brands. As part of initiating a purchase on this Website, you will be required to create a user Account and provide us with certain information. It is not possible to complete an order or subscribe without creating such a user Account.
To the maximum extent permitted by law, in no event shall the total aggregate liability of our company, our parent company, subsidiaries, affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, partners, affiliates, or any third parties providing information on the Website be liable to any user of this Website (user, customer), or any other person or entity for any indirect, special, incidental, consequential or exemplary damages (including but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the Website, whether based upon warranty, contract or negligence, even if we have been advised of, or should have known of, the possibility of such damages or losses. Indemnification for any direct damages cannot exceed the total amount you paid to us in connection with the event giving rise to such a liability for the preceding twelve (12) months.
You agree to indemnify, hold harmless, and defend us, our parent subsidiaries, divisions and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defence including attorney's fees, in any way arising from or related to your use of the Website or the Subscription, your violation of these Terms, or your violation of any law or the rights of a third party.
We are not responsible for any failure or delay in performing its obligations due to events beyond its reasonable control ("Event"). These Events include, but are not limited to, strikes, natural disasters, pandemics, war, government actions, civil unrest, transportation disruptions, and telecommunications failures. Our services will be suspended for the duration of Event, and we will make reasonable efforts to resume them as soon as possible.
Our failure to partially or fully exercise any of its rights, or the waiver of any breach of these Terms shall not prevent the subsequent exercise of such rights or be deemed a waiver of any subsequent breach.
Any information provided by us regarding the Subscription we offer (e.g., service and/or product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Website, and the use of our Website is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings, and seek independent professional advice when appropriate. Any content provided by third parties, including any materials and reviews posted by members, any statement or opinions must be regarded "as is", and they do not necessarily reflect our opinion or advice. We shall never be held responsible, or liable to you or any third party, for the content or accuracy of any material provided by any third parties.
Any products purchased through our Website is shipped by a third-party carrier. Title and risk of loss transfer to you upon delivery to the carrier.
Browsing the Website is free of charge, subject to possible data transmission costs, which result from agreements concluded by the user with common carrier telecommunications operators or other Internet providers and the scope of such data transmission.
X. PROPERTY RIGHTS
As a user of the Website, you agree that any content, materials, text, images, videos, graphics, trademarks, logos, music, software, the design of the products, and any other elements available on the Website are our property or of our licensors, affiliates, partners, and are protected by intellectual property or proprietary rights and laws. You acknowledge and agree that your use of the Website shall be limited to personal and non-commercial purposes. You acknowledge and agree that you will not sell, license, distribute, copy, reproduce, transmit, publish, adapt, edit, modify, or create derivative works of any content or materials on the Website. [short name of company] reserves the right, at its sole discretion and without prior notice, to revise the services offered on the Website and to change, suspend, or discontinue any aspect of the Website. We shall not be liable to you or any third party for exercising these rights and may also limit use of the Website or restrict your access, in whole or in part, without notice or penalty.
XI. GOVERNING LAW
All matters related to the Website, the Subscription, these Terms and any other policy or terms posted on this Website shall be governed and constructed in accordance with the laws in place within jurisdiction applicable to our registered seat without regard to conflict of provisions of laws.
Disputes arising from these Terms and all matters relating to the Website and the Subscription shall be resolved by the civil courts having jurisdiction over our registered seat.
XII. FINAL PROVISIONS
If any provision of these Terms proves to be invalid in whole or in part, the remaining provisions shall remain in force, and the remaining part of these Terms shall be interpreted in place of the invalid provisions in such a way that their legal force and economic effect are as close as possible to the invalid provisions.