TERMS OF USE

TERMS OF USE OF WEBSITE AND

EDUCATIONAL PLATFORM

The present Terms of Use are important and should be carefully read and understood prior to using this website, the courses and the educational platform available on it. Each User who accesses the website is deemed to have read, understood, and agreed to the present Terms of Use. In case of doubts or questions regarding the Terms of Use, please do not hesitate to contact us using the details listed in the contact section of this website. 

1. Definitions

In the present Terms of Use, except where a different interpretation is necessary in the particular context, the words and expressions set out below shall have the following meanings: 

 

1.1. The Website – the company Ex Pay EOOD, Bulgarian Website registered with the Commercial and NPLE Register under the laws of the Republic of Bulgaria, Unique Identification Code 201882510, having its seat and registered address in Sofia 1000, 27 Moskovska Str., entr. A, floor 1, app 2, Republic of Bulgaria and the website maintained and operated by it, namely https://codingcourses.site as may be updated or modified from time to time. 

 

1.2. Damages – any damages recoverable in terms of Bulgarian law, incurred by the respective injured Party.

 

1.3. Course Fee – an amount of money, payable as a fee to the Website for providing the Course chosen by the User, in the currencies currently available on the Website, which is: (a) paid immediately by the User by using his/her payment card via the Website’s virtual POS terminal, or by PayPal account of the User; or (b) is pre-authorised by the User to be charged from his/her payment card via the Website’s virtual POS terminal, provided that such amount is actually charged when certain event, deadline, milestone or target is reached (usually after the expiration of up to 30 days as from the date of ordering the Course and sending to the User of the password for the Course ordered) according to the terms and conditions of each particular Course. Other payment options may be made available from time to time on the Website without prior notice at the Website’s discretion.      

 

1.4. Course – an online learning tool, offline course or other training or learning material of any kind made available to the User via the Website or offline in person against the payment of a Course Fee. The Website usually grants access to each Course by providing the User with password for access to the Course’s content valid up to 30 days;  

 

1.5. Force Majeure – an unpredicted or unavoidable event of extraordinary nature, which has arisen after the User has agreed to the Terms of Use. For the avoidance of any doubt, the imposition by an authority of any enactment, including penal enactment, administrative prescription, administrative ban etc. which affects directly or indirectly the provision of Services by the Website shall be considered as event of Force Majeure.

 

1.6. Parties – the Website and the User, whereas a Party is either the Website or the User. 

 

1.7. Personal data – has the meaning ascribed thereto in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

 

1.8. Services – services provided by the Website to Users via the Website or offline, including, but not limited to, the possibility to take Courses via the Website and use of the Platform thereon.  

 

1.9. Terms of Use – the present Terms of Use for provision of Services by the Website. The Terms of Use constitute a binding agreement between the User and the Website. Each User who accesses the Website is deemed to have read, understood, and agreed to the present Terms of Use and the Privacy Notice available on the Website. The Website may also require additional acceptance of the present Terms of Use upon ordering and/or payment for a Course via the Website. The Terms of Use and the Privacy Notice are always available in electronic form on the Website.  

 

1.10. User – an individual or a legal entity that has agreed to the present Terms of Use by using the Website and/or the Courses and/or the Platform on the Website.


1.11. Platform – the educational platform allowing Users to watch videos, take online courses and use other learning tools available at the following Internet address: https://codingcourses.site

2. Subject. Rights and responsibilities of the Parties

2.1. The Website provides to the User the right to use the Website and the Platform for taking Courses by using the technical infrastructure maintained by the Website and by its partners – service providers for this purpose (if any), in accordance with the present Terms of Use. 

2.2. The Website hereby grants to each User a non-exclusive, worldwide and non-transferable license to use the Website, the Platform thereon and the Courses, including the Course’s contents and materials, provided that a payment of the Course Fee is made, as well as to use any intellectual property rights of the Website contained therein, strictly and only for the purposes of and during the use of the Website’s Services. The license granted hereunder does not include the right to add any content to or modify the Website, the Platform thereon and/or the Courses’ contents and materials or otherwise use or modify other intellectual property rights of the Website. 

  

2.3. The terms and conditions of each Course, the Course Fee applicable to each Course, as well as the way of access to the Course,

the event, deadline, milestone or target of each Course (if any) are determined by the Website at its own discretion and are described in details in the respective section of the Website dedicated to the particular Course. The target amount or milestone amount (if any) are indicated on the Website in foreign currencies and in Bulgarian leva. The way of access to the particular Course, the event, deadline, milestone or target applicable to each Course may change upon the Website’s discretion with or without prior notice to the User. The Website shall bear no liability and shall be held harmless in case of such change. 

2.4. By accessing the Website Users represent and warrant to the Website that he/she:

 

(a) is at least 16 (sixteen) years old. Users below this minimum age are not allowed to use the Services;

 

(b) has full legal capacity and the required powers and authority to enter into the present Terms of Use and to perform his/her rights and obligations hereunder. In case of a legal entity, by accessing the Website the respective User represents and warrants to the Website that he/she is duly entitled to represent the legal entity and to perform the actions on its behalf and for its account, as well as that such actions do/does not breach any corporate documents of the legal entity or laws applicable to such legal entity;

 

(c)  no consent, approval, authorization or order of any third party or state or local authority is required for the execution or fulfillment of the present Terms of Use by the User;

 

(d) is legally bound by the present Terms of Use, including in the User’s own jurisdiction and under the User’s national laws;

 

(e) complies with all laws and regulations of any jurisdiction from which the User accesses the Website, including his/her national laws;

 

(f) the use of the Services and the performance of the User’s rights and obligations hereunder does not violate any laws of any jurisdiction that are applicable to the User and/or the Website; 

 

(g) all information and documents provided by the User, including any personal data and documents collected by the Website for the purposes of the User’s identification and for anti-money laundering and anti-terrorism measures, are true and complete (if and when such identification may be required);

 

(h) the User has carefully read, understood, and agrees to the terms and conditions of each Course that the User decides to take;

 

(i) the User uses and will uses all of the Courses’ materials and contents only and strictly for his/her personal use, training and qualification and will in no way reproduce, replicate, copy, distribute, circulate or otherwise use the Courses’ materials and contents, except for his/her personal use, including will not use the Courses’ materials and contents for commercial purposes and will not disclose the Courses’ materials and contents or his/her password or login details to third parties. The User remains solely liable for any unauthorised use of his/her password to a particular Course and any unauthorised use of his/her login details for access to the Website or a particular Course. 


2.5. When using the Services provided by the Website the User is strictly forbidden from:

 

(a) distributing any discrediting, false or corrupted information about the Website and its Services; 

 

(b) interfering into the internal operations of the Website and/or the dealings with the other Users;

 

(c) disclosing his/her login details for the Website or disclosing his/her access passwords for a particular Course to third parties.   

 

2.6. The User acknowledges and hereby agrees that the Website: 

 

(a) may contain information, posts, links, banners and other content generated by third parties for advertising, promotional or other purposes; and

 

(b) may be temporarily unavailable from time to time for maintenance or due to Force Majeure. The Website will use its best efforts to inform the public in advance about planned maintenance procedures on the Website that may lead to its temporary unavailability.  

  

3. Courses. Changes to the Terms of Use 

3.1. Users may order and take Courses by using the payment options currently available and specified on the Website. The payment options available may change from time to time without prior notice at the Website’s sole discretion. Users are advised to verify the payment options and accepted payment instruments prior to any attempt for ordering or taking Courses on the Website.  

  

3.2. Users acknowledge and agree that all payments made via the Website and for the Courses available thereon are final, unconditional and irrevocable in accordance with the applicable Bulgarian law, unless certain conditions according to Clause 9 (Complaints. Dispute resolution) below are met. Once a payment is made and the payment is approved, Users cannot change their mind and claim reimbursement of the payment, unless certain conditions according to Clause 9 (Complaints. Dispute resolution) below are met. No conditional or revocable payments are allowed. The Website is not liable and shall be held harmless from any and all claims for reimbursement, chargebacks or other return of funds by Users.  

3.3. Users acknowledge and agree that the amounts of Course Fees paid for Courses having a milestone or a target amount or milestone event or deadline will be blocked on the User’s payment card and will be thereafter finally charged from such payment card when the milestone, event, deadline or the target amount is reached according to the terms and conditions of the respective Course (and subject to the terms and conditions of the User’s payment card). Usually such milestone is reached after the expiration of up to 30 days as from the date of ordering the Course and sending to the User of the password for the Course ordered. The Website is not liable and shall be held harmless from any and all claims for reimbursement, chargeback or other return of funds blocked or charged in this case.  

3.4. Users bear all costs and expenses for making the respective payment of Course Fee, including bank fees, currency exchange differences, etc. 

    

3.5. Upon User’s request, an invoice for the Course Fee paid may be sent an e-mail address provided by the User. Invoices may be forwarded by mail to an address indicated by the User upon the User’s explicit request. All postal costs shall be fully borne by the User.  

3.6. The User is solely and fully responsible for the sufficiency and accuracy of all payments made to the Website under the present Terms of Use. When a payment of Course Fee is made each User shall provide the required payment data (including payment card details or other information required) and shall be solely liable and responsible for the accuracy, authenticity and completeness of such data. 

3.7. The User is solely and fully responsible for checking regularly his/her e-mail, provided to the Website, for any instructions and/or invoices issued by the Website.

3.8. The User is obliged to carefully read the terms and conditions of each Course which the User decides to order and take before proceeding with the payment of the Course Fee. Users acknowledge and agree that the access and the access password to each particular Course will be limited for up to 30 days, unless other period of time is listed in the details section of each Course on the Website, and no access will be available to the Course after the expiry of such period (and the Website shall be held harmless in that regard).   

3.9. The Website reserves the right to unilaterally revise the present Terms of Use. The Website informs the Users about any such changes in advance by publication on the Website or by any other reasonable way of communication, if deemed necessary. The effective date of the new or changed Terms of Use is the date of publication on the Website.

4.  Privacy Conditions

4.1. The Website is committed to take all reasonable steps to protect the User’s privacy and personal data. The Privacy Notice available at all times on the Website explains the Website’s privacy policy and practices and applies to all data collected from Users or submitted by Users, including through the Website, the Platform thereon, the virtual POS terminal, by e-mail, through software, web widgets, feeds, applications, mobile services, etc.

4.2. The Website has taken steps, by such security safeguards as it is reasonable in the circumstances to take, to ensure that the Personal Data the Website holds under its control is protected against:

(a) loss; and

(b) access, use, modification by or disclosure to anybody not having the required authorization.

4.3. It is hereby recommended that Users periodically review the Website for any updates to the Website’s Privacy Policy. Users may contact the Website with regard to any Personal Data questions or notifications through the details available in the contacts section of the Website. 

5. Authorizations, access and alterations

In the event that the Website becomes aware or reasonably believes that a User is involved in activities which are illegal in any jurisdiction considered relevant at the Website’s absolute discretion, then the Website reserves the right:

(a) to cooperate fully with authorities in any part of the world, including to disclose Personal Data and other information about the User to such authorities, whereas the Website will not be bound by any duty of confidentiality to the User; and/or 

(b) to refuse or terminate the provision of the Services to the User with immediate effect; and/or

(c) to be indemnified and held harmless by the User for any Damages incurred as a result of the User’s activities.  

6. Liability

6.1. The User is liable for any non-compliance with or breach of the present Terms of Use or the applicable laws. The User shall indemnify and hold harmless the Website from any and all Damages incurred by the Website as a result of:

(a) the User’s non-compliance with or breach of the present Terms of Use, including the representations and warranties made hereunder, and/or the User’s non-compliance with or breach of the applicable laws;

(b) the User’s fraudulent actions or negligence. 

6.2. Except when caused by the gross negligence or wilful misconduct of the Website, the Website may not be held liable for any:

(a) loss or misappropriation of data, interruption in the provision of the Services or temporary unavailability of the Website and/or the Courses and/or Platform on the Website;

(b) representations, warranties or provisions (whether express or implied), other than those expressly set out in these Terms of Use;

(c) delay or inability to use or complete Courses, including expiry of the Course’s deadline for completion. The User hereby acknowledges and agrees that all Courses are maintained and made available on a best effort basis; 

(d) changes in the terms and conditions of Courses or change in the target amount, deadline, event or the milestone of a Course which are determined by the Website at its discretion;

(e) actions or inactions of the User, including achievement, delayed achievement or non-achievement of the Course’s goals, deadlines or milestones, successful completion or non-completion of the Course, including completion or non-completion of the Course in due time;  

(f) any Damages suffered by the User as a result of the events specified in letters from (a) to (d) inclusive hereinabove or as a result of the use of the Website’s’ Services.


6.3. The User acknowledges and agrees that stable, fast and secure Internet connection is essential for the provision of Services hereunder. It is the User’s responsibility to ensure, at his/her own expense, that he/she has the Internet connection required for making use of the Services. 

 

6.4. In case of non-compliance with or breach of the present Terms of Use or of the applicable laws by a User, the Website is entitled to suspend immediately the provision of Services hereunder to the User without any prior notice and without any liability or responsibility for the Website. In case of suspension, no amounts already paid by the User to the Website or blocked shall be refunded.

 

6.5. Users are solely liable and responsible for the Courses take and the payments of Course Fees made by them. Users are solely liable and responsible for checking the terms and conditions of each Course on the Website. 

7. Force Majeure

7.1. Neither Party shall be liable toward the other Party in case of failure to execute an obligation under the Terms of Use due to an event of Force Majeure. 

7.2. A Party which is not able to perform an obligation under these Terms of Use due to Force Majeure, shall notify the other Party in writing within 3 (three) days as from the occurrence of the Force Majeure. The notification shall contain information about the nature of the Force Majeure and its potential consequences for that Party’s performance of its obligations hereunder. 

7.3. The performance of the obligations of the Parties hereto shall be suspended for the duration of the Force Majeure. 

7.4. Should the duration of the Force Majeure is such that the other Party loses its interest in the performance, such other Party shall be entitled to terminate the contractual relationship under the present Terms of Use. Neither the Force Majeure, nor the termination due to event of Force Majeure, shall terminate any right or obligation of a Party which has arisen prior to the occurrence of the Force Majeure. In case of termination due to Force Majeure neither of the Parties shall be entitled to compensation for Damages which have arisen in connection with such termination.

8.  Conclusion. Termination

8.1. The present Terms of Use become effective and legally binding on the Parties as from the moment when the User accesses the Website. The Website may require their additional electronic confirmation by the User which is done by marking «I agree» on the respective interface of the Website. 


8.2. The present Terms of Use remain in force between the User and the Website at all times until the User accesses the Website.  

9.  Complaints. Dispute resolution 

9.1. If the User has a complaint about the Services rendered by the Website, such complaint may be referred to the Website by using the details listed in the contacts section of the Website. The following complaints procedure shall apply:

9.1.1. A complaint shall be filed by the User to the Website by using the details listed in the contacts section of the Website. The complaint must contain: the personal details of the User, contact details of the User, Course in relation to which the complaint is submitted, substance of the complaint and reasons, other requests or comments from the User. No anonymous complaints may be filed;

 

9.1.2. Within 5 days as from receipt of the complaint, the Website will review it and may request additional clarifications or information from the User;

9.1.3. Within 5 days as from receipt of additional clarifications or information from the User, or if no such additional clarifications or information from the User are needed, within 10 days as from receipt of the complaint, the Website will notify the User, via his/her contact details provided in the complaint, of the Website’s decision on the complaint.  

9.1.5. If the Website finds the complaint justified following the above procedure, the Website may, but is in no way whatsoever obliged to, take one or more of the following measures at its discretion:

(a) reimbursement of funds paid for the respective Course(s) to the User, minus any payment or bank costs and expenses;

(b) offering of a substitute Course, additional Course or other benefit to the User via the Website in order to compensate the User. 

9.2. The present Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.  

9.3. Any disputes arising out of or in connection with the present Terms of Use and the provision of the Services hereunder, including, but not limited to, disputes arising out of or connected with their interpretation, validity or invalidity, termination, fulfilment or non-fulfilment, which cannot be settled by mutual agreement, shall be referred to and finally settled by the competent Bulgarian courts. 

10. Final Provisions

10.1. If any provision of the present Terms of Use is or becomes invalid, it should be considered replaced by other valid provision which corresponds as much as possible to the desirable result and economic target of the invalid provision. Invalidity of one provision of the present Terms of Use does not affect the validity of the other provisions of the present Terms of Use.

 

10.2. This Website is not intended for distribution or use by any person or entity that is a resident of or located in any jurisdiction where such distribution or use would be in contravention of law or regulation or which would subject the Website or any of its affiliated entities to any registration or licensing requirement in that jurisdiction.