I. General Terms of use for Visitors and Definitions
Details of the company that owns and operates the website
The website www.eliteskillshub.net is operated by ELITESKILLSHUB SRL – CUI: 49603225 with the mailing address: ELITESKILLSHUB, JUD. SIBIU, MUN. SIBIU, ALEEA CĂLĂRAȘILOR, NR.5, BL.G, AP.54 (cod poștal: 550344)
These terms and conditions are made available free of charge to visitors and Users.
1. Definitions
Visitor: any natural person or legal entity browsing the website online.
User: natural person over 18 years of age who purchases one of our digital products or a subscription, or legal entity, as the case may be;
Contact Form: is an electronic document containing mandatory and/or optional fields to be filled in by the User in order to contact the Company regarding any requested information or to form a complaint.
Visitor Data: means any personal data, such as name, surname, telephone number, e-mail address, cookies that the Company processes for the purpose of concluding or executing the contract for the purchase of digital products or the provision of services;
Consent: is the expression of will of the Visitor and User, expressed voluntarily, to accept all the terms and conditions of this document including the processing of his/her data and sign up of the newsletter;
Personal data: any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;
Processing or storage: any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Newsletter: periodic publication distributed by the website to its subscribers via email or other electronic means. This publication may contain updates, announcements, promotional offers, educational content, or other information relevant to the courses offered on the website;
Digital products/Content: means an online course containing information on a specific domain with the scope of enhancing the user’s knowledge and a specific skill with or without receiving a certification of completion;
Transaction – the operation of paying, or receiving, an amount of money as a result of the sale, or purchase, of a digital product via the external platform by debit or credit card.
Contract: means the common agreement concluded remotely between the Company and the User concerning the sale or purchase of one or more digital products on the Website.
2. Visiting the website/platform
Our goal is to enhance lives through education. We empower individuals worldwide to create and distribute educational materials (instructors) and to access such materials for learning purposes (users). We believe our marketplace model is the optimal approach for delivering valuable educational content to our users. To ensure the safety of our platform and services for the user, us, and our community of users and instructors, we have established regulations. These Terms pertain to all the userr interactions on the Company’s website.
Please carefully examine these Terms as they establish a binding agreement between the Company and you and include crucial information regarding the user legal entitlements, remedies, and responsibilities.
This first section strictly defines in detail the terms and conditions under which the Visitor can visit the website, respectively contact the Company for information purposes only, in order to purchase digital products. If the Visitor becomes a User by creating a user account, the sections following of this document are applicable and set out the provisions of the contract for the purchase of digital products.
The Company reserves the right to unilaterally amend and update the terms and conditions of this section, even without the Visitor’s prior agreement or notice.
Browsing this website and the use of its functions implies the consent given by the Visitor. Consent shall be deemed to be given when the Visitor uses the functionalities of the website.
By expressing Consent, the Visitor declares that he/she has read this document in its entirety and that he/she fully understands and agrees with the meaning and content of the terms and conditions of this document.
a. Restrictions
The Visitor is prohibited from publishing, publicly displaying any materials of the Website or the Services by any means of communication on any platforms to which it has access without the Company’s consent.
The Visitor is prohibited from using the Website in any manner that could be harmful to the Website in a way that does not allow access to other users.
The visitor is prohibited from any data mining, data harvesting, data extraction or the like in connection with the website, in particular the misuse of contact details.
The visitor is prohibited from repeatedly and abusively contacting the Company, either through the contact form or through other data made available, at short notice.
b. Communication
The Visitor declares that he/she agrees with the way the Company conducts its business operations, . through the contact form and by e-mail. If the Visitor contacts the Company at the correspondence address, communication may only be made by postal letter with declared content and acknowledgement of receipt.
Any verbal conversation will not be effective as long as it is not confirmed in a written form by both parties or at least by the Company.
c. Disputes and Jurisdiction
Any disputes between the Company and the Visitor arising from non-compliance with this section will be settled amicably between the parties.
In the event that the settlement of any disputes is not possible by amicable means, recourse shall be had to the courts of the Company’s headquarters. This section is subject to applicable law from the company’s place of business.
For UE citizen, the dispute resolution platform can be accessed via the external link: https://ec.europa.eu/consumers/odr.
If any provision of these Terms and Conditions is void, voidable or otherwise unenforceable, the validity and enforceability of the remaining terms and conditions shall not be affected thereby.
II. BUYING A DIGITAL PRODUCT – USER
„Users Contractual Terms and Conditions„
By using the website www.eliteskillshub.net , the User accepts and agrees with the form of remote communication through which the Company carries out its operations, understands the characteristics of the digital products bought, the conditions of use, the contractual terms and obligations and its functionalities.
The User understands that this section and the following are the contractual terms of a remote agreement by which the Company offers digital products for e-learning and enhancing the skills of the user in specific domains.
In this context, Users are requested to read each section and clause carefully and to take into account all the statements set out by the Company in this section named „Contractual Terms and Conditions„ as their acceptance thereof implies their unequivocal consent and represents the parties’ understanding.
Once the User creates a user account and selects and pays for one of the products or subscriptions available on the website, the User accepts the terms and conditions in this section.
1. Registration
An account is necessary for most actions on our platform, such as purchasing and accessing content or having access to a specific digital project. When establishing and maintaining the user account, it is imperative for the user to provide and continuously update accurate and complete personal information, including a valid email address and legal name.
The user solely responsible for the user account and any activities conducted through it, including any harm or damage caused by unauthorized use. Therefore, safeguarding the password is essential. The user is prohibited from transferring the user account to another individual or utilizing someone else’s account. There will be situation when If the users seek access to an account, we will only grant it upon verification of ownership. In the unfortunate event of a user’s passing, their account will be closed.
Sharing the user account login details is prohibited, and the user is accountable for any consequences arising from such actions. The Company will not intervene in disputes between users who share account credentials. Immediate notification is required if the user suspect unauthorized account usage or any security breaches.
To create an account and utilize the Services, users must be at least 18 years old. If under 18 but above the age of consent for online services in the user jurisdiction, alternative arrangements involving a parent or guardian are encouraged. Those below the age of online consent may not create a Company account.
Creating an account means that the user accepts the written terms and condition as listed before.
The Company provides the user with a limited, non-exclusive, non-transferable license to access and view content upon payment of all required fees, solely for personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any associated conditions or restrictions. All other uses are explicitly prohibited. Users may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless explicitly permitted in a written agreement signed by an authorized Company representative. This restriction also extends to content accessible via our APIs.
Typically, by using the website, the company grants users a lifetime access license when they enroll in a course or other content. However, we retain the right to revoke access to any content if necessary due to legal or policy obligations, such as in cases of copyright complaints concerning the enrolled course or content.
2. Pricing, payments and delivery
The price of the digital products are established and are listed on the website in the specific section for each digital product. For the price of a product, the user shall access the product desired. Some digital products may be free or a discount is applied to them for a period of time.
When making a payment, users agree to utilize a valid payment method as listed in the website. If the user is dissatisfied with purchased content, the Company offers a 10-day refund or credit for most content acquisitions.
Content prices on Company are established based on agreements with instructors and available promotions. Periodically, we conduct promotions and sales, offering certain content at discounted rates for a specific duration.
The price applicable to content is determined at the time of purchase completion (at checkout). Additionally, prices may vary based on user status; logged-in users may access different prices, particularly during promotions exclusive to new users.
When logged in, the listed currency aligns with the user’s location at account creation. If not logged in, the price currency corresponds to the user’s current location. Users cannot view pricing in alternative currencies.
For users in countries where sales tax, goods and services tax, or value-added tax applies to consumer sales, we handle tax collection and remittance to the appropriate authorities.
The user agrees to pay the fees for content that he purchases, and the user authorize the Company, thorough the external provider to charge the user debit or credit card or process other means of payment as available on the platform.
The payment method for purchasing any digital product is debit or credit card.
The Company collaborates with payment service providers to provide users.
When making a purchase, users agree not to utilize invalid or unauthorized payment methods. In the event of a payment method failure resulting in the user still gaining access to enrolled content, users agree to settle the corresponding fees within 30 days of notification from us. We retain the right to restrict access to any content for which adequate payment has not been received.
If the products are displayed in error or with a price that can be considered obviously derisory, the Company has the right to cancel any orders placed with regard to the digital products, obliging itself to refund the User, where applicable, any amounts paid up to that point.
The delivery of the ordered digital product will be done almost instantly in the user account or by email, only if such an account is not used or required for a specific digital product. The delivery time should not take more than a few minutes, but due to technical faults it is possible that delays or errors may occur, which is why the user must inform the Company as soon as possible, according to the complaint policy, in order to remedy the problem immediately.
3. Promotional Codes
Company or our partners may issue gift and promotional codes to users. Some codes can be redeemed for credits applied to the user’s Company account, which can then be used to purchase eligible content on our platform, subject to the terms provided with the codes. Other codes may be directly redeemable for specific content. However, these credits cannot be used for purchases in our mobile or TV applications.
The codes and credits, along with any associated promotional value, may expire if not used within the specified period in the user’s Company account. Gift and promotional codes offered by Company may not be refunded for cash unless explicitly stated in the terms provided with the codes or as mandated by applicable law. Codes provided by partners are subject to their refund policies. If the user has multiple saved credit amounts, Company reserves the right to determine which credits to apply to the user’s purchase.
4. The use of the digital products bought
Users are only permitted to use Company for lawful purposes and are accountable for all content posted on our platform, as well as legal regulations and intellectual property rights. They are solely responsible for understanding and adhering to these laws.
Repeated or significant violations can result in the banning of the user’s account. If a user suspects copyright infringement on our platform, they should inform us promptly.
As a user, users can interact with instructors by asking questions and posting reviews or submitting content as assigned tasks. All contributions must be original.
Also, when the using the platform, it is prohibited to use swearing, bad words, name-calling, slander, abusive language, references to persons or objects associated in a negative way. unconstructive criticism, hatred (sexual, sexual orientation, racial, religious, etc.) or behavior which is contrary to good social etiquette or which may annoy other users or instructors.
As an instructor, users can publish content on the platform or other ways and communicate with enrolled users. However, they must ensure compliance with laws and respect the rights of others, refraining from posting anything that violates applicable laws. They are responsible for their content and actions on the platform.
If Company is notified of content violating laws or rights, or if content or behavior contravenes the obligation of good social behavior, we may remove it. We reserve the right to enforce these Terms and Guidelines, which may include restricting or terminating user access to the platform for various reasons outlined in our discretion.
Upon termination, we may delete user accounts and content, and restrict further access.
Users agree to waive any liability towards the Company for such actions.
For copyright or trademark infringement claims, users can refer to our Intellectual Property Policy for details on filing a claim. Our Instructor Terms mandate instructors to respect intellectual property rights and comply with the law.
5. Intellectual Property and Copyright Infringements
Users retain ownership of the content they post on our platform, including their courses. However, we have the right to share this content with anyone through any media, including promoting it via advertising on other websites.
The content posted by users, whether as users or instructors, remains theirs. By posting courses and other content, users grant Company the permission to reuse and share it, without relinquishing any ownership rights they may have over the content.
When users post content, comments, questions, reviews, or submit ideas and suggestions for new features or improvements, they authorize Company to utilize and distribute this content, make modifications or edits to it as deemed appropriate, and promote it on any platform and in any media.
By submitting or posting content on our platforms, users grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute their content (including their name and image) in any and all media or distribution methods. This includes making the content available to other companies, organizations, or individuals partnering with Company for syndication, broadcast, distribution, or publication on other media, as well as using the content for marketing purposes. Users waive any rights of privacy, publicity, or similar rights applicable to these uses, to the extent permissible under applicable law. Users represent and warrant that they have all the necessary rights, power, and authority to authorize us to use any content they submit, and agree to these uses without compensation. User also agree to all such uses of the user content with no compensation paid to the user.
Company’s policy is to remove content from our service when it is reported as infringing in a copyright takedown notice received from the owner of the original content. It’s also our policy to remove all content from any instructor who’s determined to be a repeat infringer (for whom Company has received more than two valid copyright takedown notices). We reserve the right to terminate an instructor’s account at any time, including when they post content in violation of the copyrights of others
.Company’s policy is to remove content from our platform when it’s reported and found to be infringing a third-party trademark. If the user is a trademark owner or a trademark owner’s authorized representative, the user may submit trademark takedown notices to Company. Company reserves the right to terminate an instructor’s account at any time, including when they post content in violation of the trademark rights of another from its marketplace.
A. How to Submit a Copyright or Trademark Takedown Notice
If you wish to report content on the Company platform that you believe infringes your copyright or trademark rights, the most efficient method is to contact the company and provide detailed information about the infringement along with associated proof.
Before submitting a copyright takedown notice, the user may have the following in mind:
1. Only the owner of the copyright or its designated agent can submit a copyright claim. This is because we cannot verify whether the instructor who published the content you are reporting has obtained proper permission from the copyright owner. We may request an electronic signature to confirm that you are the copyright owner or have the authority to represent the copyright owner (even if the copyright owner is an organization).
2. Knowingly submitting a false or misleading copyright takedown notice is illegal and may result in liability and damages. Company reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.
3. Not all content is protected by copyright. Copyright law does not extend to short phrases (such as business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or factual information. Before submitting a copyright claim, ensure that the copied content is indeed protected by copyright.
B. Additional Procedures
If we receive a valid copyright takedown notice, we’ll send a copy of that notice to the instructor who posted the reported content along with a notification that: (1) the content was reported for copyright infringement and (2) we’re removing the content from the Company platform. We’ll also attach a form that the instructor can fill in and send back to us to submit a counter-notification. If the userr content has been reported for copyright infringement and removed from the Company platform, and if the user believe we made a mistake or that the user have permission from the owner of the reported content to use such content, then the user may send us a counter-notification.
Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and the user could be held liable and have to pay damages as a result. Company reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter-notification in violation of the law.
6. Using Company`s platform at the user Own Risk
Anyone can use Company to create and publish content or online courses, and we enable instructors and Interactions between users for teaching and learning on our platform may encounter issues, and users utilize Company at their own risk.
The platform model does not involve reviewing or editing content for legal concerns, and the company is not equipped to ascertain the legality of content. We exert no editorial control over available content and therefore do not guarantee its reliability, validity, accuracy, or truthfulness. Users rely on information provided by instructors at their own risk. This applies to any certification received from the instructors or the platform.
By using the Services, users may encounter content they find offensive, indecent, or objectionable. Company bears no responsibility for shielding users from such content or liability for their access or enrollment in any course or content, to the extent permitted by applicable law. This extends to content related to health, wellness, and physical exercise. Users acknowledge the inherent risks and dangers associated with such content and voluntarily assume those risks, including the risk of illness, bodily injury, disability, or death. Users take full responsibility for their decisions before, during, and after accessing such content.
When interacting directly with users or instructors, users must exercise caution regarding the personal information they share. While we restrict the types of information instructors may request from users, we do not regulate how users handle information obtained from others on the platform. Users should refrain from sharing their email or other personal information for their own safety.
The Company does not hire nor employ instructors, and we are not accountable for interactions between instructors and users. We bear no liability for disputes, claims, losses, injuries, or damages arising from or related to the conduct of instructors or users. In other words we just intermediate the connection between the knowledge through online courses of instructors and the users.
When using the Companies’ services, users may encounter links to third-party websites that we do not own or control. We are not responsible for the content or any other aspect of these sites, including their collection of user information. Users should review their terms and conditions and privacy policies.
7.Refund (Return) Policy
Our 10-Day Refund Policy:
While the companies 10-day refund policy aims to offer users a risk-free learning experience, we also prioritize safeguarding our instructors from fraudulent activity and ensuring they receive fair payment. Payments are disbursed to instructors after a 10-day period; Hence we cannot process refund requests received after this window.
When requesting a refund, the user must provide the Company with the reasoning of refund with indication of the specific reasoning and based on the information or content of the course. In this matter, at the discretion of the Company, can limit or deny refund requests in cases of suspected refund abuse, including but not limited to:
– A substantial portion of the course has been consumed or downloaded by a user before the refund request;
– The user finished the course or received a certification;
– Multiple refund requests have been made by a user for the same course;- Excessive refund requests have been made by a user;
– Users whose accounts have been reported, banned, or had course access disabled due to violations of our Terms or Trust & Safety Guidelines;
– Refunds are not granted for subscription services unless required by applicable law;
In instances where a transaction is ineligible for a cash refund, the refund will be issued in the form of Company credits, provided it meets our 10-day refund policy criteria. If a course purchase is only eligible for a credit refund, this information will be provided to the user by the Company.
The following refund policy procedure shall apply:
1. Users are required to inform the Company within a maximum of 10 days from the date of purchase if they wish to initiate the refund process. This notification must include all necessary details and reasons. Users can send the notification via email (with a request for confirmation of receipt from the company) or by completing the form on the website.
2. The Company will record, verify, and provide a written response within a maximum of 10 days, starting from the next day after receiving the notification.
3. In the event of a positive response, the Company will issue a refund or credit the user’s account within a maximum of 14 days from the day of communicating the response to the user.
4. As part of the agreed refund process, the Company will remove the digital product from the user’s account.
8. User Obligations
The Company owns the platform and Services, including the website, present or future apps and services, as well as elements such as logos, APIs, and code, which users are prohibited from tampering with or using without authorization.
All rights, title, and interest in the Company platform and Services, including the website, existing or future applications, APIs, databases, and content provided by employees or partners (excluding content from instructors and users), are and will remain the exclusive property of Company and its licensors. These platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Users do not acquire any right to use the Company name or any Company trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions provided regarding Company or the Services are voluntary, and Company is free to use such feedback without obligation to the user.
While accessing or using the Company platform and Services, users may not:
– Access, tamper with, or use non-public areas of the platform, including content storage, Company’s computer systems, or the technical delivery systems of Company’s service providers.
– Disable, interfere with, or attempt to circumvent any security-related features of the platform, or probe, scan, or test the vulnerability of any systems.
– Copy, modify, create derivative works of, reverse engineer, reverse assemble, or attempt to discover any source code of the Company platform or Services.
– Access or search our platform by any means other than through currently available search functionalities provided via our website, mobile apps, or API, and not use any automated means to access the Services.
– Use the Services to send altered, deceptive, or false source-identifying information or interfere with the access of any user, host, or network, including sending viruses, overloading, flooding, spamming, or mail-bombing the platforms.
9. Right of cancellation and right of withdrawal (EU citizens)
This section applies only for European Union citizens or where the jurisdiction and the regulates establish the same rights for consumers.
The products marketed on the website are exempt from the right of cancellation and right of withdrawal from the distance contract, in accordance with the legislation in force, being the provision of personalized digital content, which is not delivered on a material medium and the provision has begun with the express prior consent of the User by creating the account and purchasing the digital product.
Thus, the user has a right of refund under the conditions stated in the section above.
Thus, the Company cannot offer a right of withdrawal, the amounts paid for the products purchased from the website cannot be refunded, once the order has been placed, the amount of money paid, except under the condition of refunded stated above.
Given that the products consist of access to various digital products, the User understands and accepts that after purchasing any of the products on website the user will not be able to withdraw from this contract. In this regard, by purchasing the products on the website, the user expressly agree that the user may not withdraw from the contract.
The company does not offer any additional warranties except for those concerning defects in the products purchased and the services it provides.
For justified reasons, the Company reserves the right to restrict the User’s access to place an order and/or to some of the accepted payment methods, if it considers that based on the User’s conduct or activity on the site or his/her reputation, his/her actions could in any way prejudice the Company.
The Company may publish on the website information about Products and/or promotions offered by it or by any other third party with which the Company has entered into partnership agreements, during a given period of time.
Any references by way of links to websites or materials published by third parties, as the case may be, posted on the Site are provided for informational purposes only, and the Company assumes no responsibility for the content of such websites and materials or for products sold through such websites.
The Company may cancel the order placed by the User and may simultaneously or subsequently notify the User by email, without being held liable for such action, in the following cases:
a. non-acceptance by the bank issuing the User’s card, of the Transaction, in the case of online payment.
b. invalidation of the Transaction by the card processor approved by the Company, in the case of online payment;
c. the data provided by the User on the Website is incomplete, false and/or incorrect;
d. the User’s failure to actually place an Order or make a payment;
e.the User abandons the Order or payment until the stage of completion of the Order or payment, respectively, including if the payment is not completed at the payment processor;
f. the Company may reasonably believe that an unlawful or harmful purpose is being pursued by accessing the Site and placing the Order;
g. the User’s express request to cancel the Order, expressed in writing;
h. technical impossibility of processing the Order on the Website, for reasons beyond the Company’s control;
i. any of the terms and conditions herein have not been strictly observed by the User;
Furthermore, given that products with digital elements are made available and a digital service (access to the database) the Company provides a warranty for each defect that exists upon delivery of the products and that occurs during the period of 6 months in which the product exists and is made available to the User, but not more than 2 years after purchase, unless the User uses the products, finishes the course or obtains a certification without reporting any problems or defects.
If the products have other defects from a technical point of view, or visual deficiencies, text errors The User may demand that the products are free of defects, either reduce the price in relation to the used and defective quota or terminate the contract, depending on the severity of the defects and the actions of the Company, as shown below.
The user may initially only require that the products are free of defects for each use of the specific quota. The User may choose between improving the products, rectifying or supplementing the defects and exchanging the products, unless the chosen solution would be impossible or would involve a disproportionately large effort for the entrepreneur compared to the other solution in relation to the value of the products that are free of defects, the severity of the defect and the inconvenience caused to the User by the other solution.
The company does not bear responsibility and does not guarantee the content, information or structure of the digital products on the platform.
The company must rectify the defects of the products within 3 days from the date on which the User has communicated the existence of the defects, as well as the evidence supporting this claim, in a statement sent either via the contact form or via email.
The Company may refuse to restore the defect-free condition if both improvement and replacement would be impossible for him or would involve a disproportionate effort for him.
The user has the right to reduce the price or terminate the contract only if:
(a) the defect is so serious as to justify an immediate reduction in price or termination of the contract and only in proportion to the share(s) used of the subscription.
(b) the company refuses to deliver a defect-free good;
(c) it is evident from statements made by the Company or from the circumstances that the Company will either not restore the defect-free condition at all, or will not do so within a reasonable period of time, or will not do so without considerable inconvenience to the consumer;
(d) the Company has not remedied the defects and delivered a defect-free good within a reasonable time;
(e) a defect occurs although the Company has attempted to restore the defect-free condition.
The User may not terminate the contract if the defect is only minor or if the technical defect has occurred in a one-off case or in a short temporary period. The User may exercise his right to a price reduction by declaration, strictly with regard to the quota used, which is not related to a certain form by contacting the Company, either by contact form or by email with communication of proof of the defect. Where applicable the price reduction is based on the ratio of the value of the products delivered to the User to the value of the products without defects.
The company undertakes to refund to the user account, at no additional cost, any used subscription fees that have experienced technical faults.
If the User terminates the contract, the Company must refund the payments made under the contract. Termination of the contract can only be affected following the fulfilment of all the above conditions and by sending a notice of termination by post or courier, the contact form on the website or by email.
If, the digital product has been delivered and within the period of 6 months a defect has occurred with regard to the databases or the link provided by the Company, the Company will refund the price only proportionally in accordance with the period during which the product has not been defective unless the user uses the products, finishes the course, obtains a certification without reporting any problems or defects.
If the User terminates the contract, the User may no longer use the digital product or make it available to third parties.
The user does not owe any remuneration for the use of the digital service for the period during which it was defective, unless the user has used it and agreed that the defect is minor and that the product can still be used in that form.
If the Company is obliged to refund money to the User due to a price reduction or termination of the contract, the User must do so free of charge and immediately, but no later than 14 days after receipt of the price reduction or termination statement.
The Company will use the same means of payment for the refund that the User used to process his/her payment, example: bank transfer. However, in certain situations, the User agrees, by showing express consent, that the money will be refunded is by using another means of payment if this is at no cost to the User.
In the event of termination of the contract, the User shall refrain from any further use of the digital product, and the Company shall block the possibility of using the User’s account without being liable for any direct or indirect damage or harm caused to the User.
10. Complaint Policy
The company is committed to delivering an exceptional learning experience for all our users. We understand that users may encounter issues or have complaints about our services or digital products on certain occasions. We take all feedback seriously and strive to address concerns promptly and effectively. To ensure fairness and transparency in managing complaints, we have implemented the following policy:
1. Definition of a Complaint:
A complaint refers to any expression of dissatisfaction from a user regarding our platform, services, courses, instructors, or any aspect related to their learning experience. It’s important to note that complaints do not include refund requests, as our refund policy is comprehensively described in point 7.
2. Submission of Complaints:
• Users have multiple channels through which they can submit complaints, including:
• Contacting our customer support team via email or phone.
• Utilizing the designated complaint submission form on our website.
• Sending a direct message through our platform’s messaging system.
3. Handling of Complaints:
Upon receiving a complaint, our customer support team will promptly acknowledge receipt, aiming to do so by the next working day at the latest. We will then proceed to address and resolve the issue as swiftly as possible. For complex or technical issues, we commit to resolving them within a maximum of 3 working days after acknowledgment.
11. Miscellaneous Legal Terms
The user agrees that by registering, accessing, or using the digital products provided through Company, the user is entering into a legally binding contract with the Company. If the user does not agree to these Terms, the user should not register, access, or otherwise use any of the Services.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect
.Even if the Company is delayed in exercising its rights or fails to exercise a right in one case, it doesn’t mean the Company waives its rights under these Terms, and the Company may decide to enforce them in the future. If the Company decides to waive any of its rights in a particular instance, it doesn’t mean the Company waives its rights generally or in the future.
It may happen that the platform is down, either for planned maintenance or because of technical issues. It may also happen that one of the instructors is making misleading statements in their content, or security issues are encountered. These are just examples. The user accepts that they will not have any recourse against the Company in any of these types of cases where issues arise. In legal language, the Services and their content are provided on an “as is” and “as available” basis.
The Company (and its affiliates, suppliers, partners, and agents, suppliers) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company make no warranty that the user will obtain specific results from the use of the Services. The user’s use of the Services (including any content) is entirely at their own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to the user.
The Company may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will the Company or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.
The Company is not responsible for delay or failure of performance of any of the Services caused by events beyond its reasonable control, such as acts of war, natural disasters, or government restrictions.
There are inherent risks to using the Services, for example, if the user accesses health and wellness content and injures themselves. The user fully accepts these risks, and agrees that they will have no recourse to seek damages against the Company even if they suffer loss or damage from using the platform and Services.
To the extent permitted by law, the Company (and its group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if the Company has been advised of the possibility of damages in advance. The Company’s liability (and the liability of each of its group companies, suppliers, partners, and agents) to the user or any third parties under any circumstance is limited to the greater of 100 Euros or the amount the user have paid the Company in the 6 months before the event giving rise to the user’s claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to the user.
If the user behaves in a way that gets the Company in legal trouble, the Company may exercise legal recourse against the user. The user agrees to indemnify, defend (if requested), and hold harmless the Company, its group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) the content the user posts or submits; (b) the user’s use of the Services; (c) the user’s violation of these Terms; or (d) the user’s violation of any rights of a third party. The user’s indemnification obligation will survive the termination of these Terms and the user’s use of the Services.
When these Terms mention “Company,” they’re referring to the Company entity that the user is contracting with.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by the Company to the email associated with the user’s account or by the user to office@eliteskillshub.net).
The user and the Company agree that no joint venture, partnership, employment, contractor, or agency relationship exists between them.
The user may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if the user registered an account as an employee of a company, the user’s account cannot be transferred to another employee. The Company may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. The user agrees that the user’s account is non-transferable and that all rights to the user’s account and other rights under these Terms terminate upon the user’s death.
If the user becomes subject to such a restriction during the term of any agreement with the Company, the user will notify the Company within 24 hours, and the Company will have the right to terminate any further obligations to the user, effective immediately and with no further liability to the user (but without prejudice to the user’s outstanding obligations to the Company).
The user may not access, use, export, re-export, divert, transfer, or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any applicable country export control and trade sanctions laws, rules, and regulations. The user agrees not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.
From time to time, the Company may update these Terms to clarify its practices or to reflect new or different practices (such as when new features are added), and the Company reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If the Company makes any material change, it will notify the user using prominent means, such as by email notice sent to the email address specified in the user’s account or by posting a notice through its Services. Modifications will become effective on the day they are posted unless stated otherwise.
The user’s continued use of the Services after changes become effective shall mean that the user accepts those changes. Any revised Terms shall supersede all previous Terms.
Any dispute relating to the Contract will be settled by amicable agreement, and if negotiations fail, the incident will be resolved by the competent court of law appropriate to the company’s headquarters at the time. The Contract shall be governed by the law of the company’s place of business.
For UE citizen, the dispute resolution platform can be accessed via the external link: https://ec.europa.eu/consumers/odr
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