Last Updated Date: January 1, 2022
Effective Date: January 1, 2022
1. ACCEPTANCE TERMS OF SERVICE
We (hereinafter referred to as “Vendor”, “we”, “us” or “our”) offer an m-learning service packed with courses on personal and professional development. These services are available as a browser-based application (“Services”).
By visiting the website (“Sites”) and/or registering for the Services, you accept that you are entering into a binding contract with us governed by the Terms of Service, Additional Terms if applicable, and Privacy Policy.
Please take the time to read and understand the Terms of Service. If you do not agree with the Terms of Service, Additional Terms as well as the Privacy Policy, please don’t use the Sites or any of the Services.
The Terms of Service, Additional Terms and Privacy Policy may be updated without prior written notice to you at any time. These changes will form part of the Terms of Service, even if you do not re-use the Sites. You are responsible for being familiar with any amendments or modifications of the Terms of Service, Additional Terms and Privacy Policy.
2. ACCESS AND AVAILABILITY
Full access to the Service can be provided by a fee-based subscription which can be purchased for different periods and will be automatically renewed if not cancelled. We grant our subscribers full access to the content as long as they have an active subscription.
The fees shall become due upon purchase of the subscription irrespective of whether or not you actually use the Service; the consideration for the fees shall solely be the provision of the right to download, receive and/or access the content.
You are fully responsible for all activities that occur through your subscription. That responsibility includes, but is not limited to, the responsibility that you ensure timely payment of any fees, tariffs or other charges for getting access to the Services or any products and services made available through the Services. You agree to notify us immediately in case you become aware of or suspect unauthorized use of your subscription or any other breach of security.
To make the most out of our Service you must have the necessary mobile communication means with easy internet access. Some wireless applications are only available for a select number of mobile devices. This is an issue with its manufacturers, hence out of the control of Provider. To prevent any disappointment, we ask you to check the compatibility of your device before subscribing to the Service
You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Provider’s operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Provider shall have the right to immediately terminate or suspend the Service.
3. AGE RESTRICTION
4. FEES
For getting full access to the Service, you will be charged €31,50/month with auto-renewal. Your subscription will renew automatically every month until you cancel it. You can cancel your subscription anytime directly from the Service menu. Subscription fees are charged to your credit card or mobile phone bill based on your preferred payment method.
5. SECURITY AND REGISTRATION OBLIGATION
To guarantee safe use of the Service, as well as payment of the applicable fees, you must be registered. You guarantee that the personal information (“Registered Information”) provided to us is correct and complete at all times. If Provider, in its sole discretion, has reason to believe that the Registered Information is not accurate or complete, Provider is entitled to suspend or terminate your account and to withhold both current and future use of the Service, or any component of it.
You are responsible for maintaining the secrecy of any passwords and/or accounts issued to you by Provider, and you are fully liable for all actions carried out involving the use of your password or account. You should contact Provider if you notice or suspect that unauthorized use has been made of your password or account, or any other breach of security.
Provider may provide you with access to some Services without being registered, such as sign-up via your mobile device for the Service. In each such case your identification is based on means of identification that we deem appropriate, such as your mobile telephone number.
6. CHANGES OF THE SERVICES
7. CODE OF CONDUCT
You agree to use the Service in accordance with the following Code of Conduct:
a. you will not use the Services for any illegal, unauthorized or commercial purpose;
e. you will not use the Service in any way which violates, plagiarizes or infringes upon the rights of Provider or any third party, including but not limited to any copyright or privacy or other personal or proprietary rights, or is fraudulent or otherwise unlawful or violates any law; and
8. BREACHING TERMS
Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).Without prejudice to our other rights under these Terms of Service and Additional Terms, if you breach these Terms of Service and/or Additional Terms in any way, or if we reasonably suspect that you have breached these Terms of Service and/or Additional Terms in any way, we may:
a. send you one or more formal warnings;
and you agree that you will not receive a refund of subscription fees already paid to us.
Where we suspend or prohibit or block your access to the Services or a part of the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
PRIVACY POLICY
INDEMNIFICATION
CANCELLATION AND TERMINATION
Information related to cancellation and termination of Services can be found on the Sites that correspond with the Service. Also, in the free welcome message or email from Provider you will find information on how to cancel the Service. In addition, an e-mail can be sent to the mail address, as communicated to you on the Sites and/or through our Services.
When your country of residence is part of the European Union and you have purchased a subscription, you have the right to withdrawal from a subscription within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of purchase of subscription. To exercise the right of withdrawal you must inform us of your decision to withdraw from the purchase by an unequivocal statement. You may use enclosed European model withdrawal form, but this is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from the purchase, we shall reimburse to you all payments received from you, without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdrawal from the purchase. You will not incur any fees as a result of such reimbursement. If you us the Service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from the subscription, in comparison with the full coverage of the subscription. The right of withdrawal does not apply for renewal of subscription.
12. ADVERTISING
To the extent permitted by applicable law, we may use advertisements and promotions. You agree that we may display advertisements and other promotions on our Sites and deliver advertisements and promotions on your mobile device or otherwise in connection with our Services.
You have the right to ask us at any time not to contact you by way of direct marketing.
The inclusion of any advertising or promotion on our Sites or in our Services does not constitute any endorsement by Provider of such content, product, service or company. Provider shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties. You agree that provider is not liable for any damage of any nature whatever that may be the result of such transactions.
13. INTELLECTUAL PROPERTY RIGHTS
You are aware and agree that software used in connection with the Service (“Software”), the Sites as well as the Services contain information and marks that is protected by valid and applicable copyright law, trade secret law, trademark law and any other intellectual property rights and laws. Except as otherwise set forth herein, all now known and hereafter rights of every nature worldwide pertaining to the Sites, Services and Software in or as part of any version, belongs to us at all times (“Intellectual Property Right”).
You agree to make no claim of interest in or ownership of any Intellectual Property Rights and you acknowledge that no title to the Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, other than the rights expressly granted in the Terms of Service and/or Additional Terms.
You guarantee that you will not amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products partially or entirely derived from the Service or the Software except in the event that Provider has given you explicit written permission to do so.
Provider hereby grants you, and you hereby accept, a personal, limited, non-transferable, non-exclusive, revocable and non-assignable license and permission to install the Software and download the content to use the Service on a designated compatible mobile device solely for your own personal non-commercial use and to use the Software and the Sites solely in accordance with the Terms of Service and Additional Terms, as long as you do not copy, alter or amend any Software, source codes or content, or reproduce, modify, perform, transfer, distribute, sell, resell, create a derived product or content from it, or carry out reverse engineer or reverse assembly those, or otherwise attempt to find a source code, and you agree not to sell any rights related to the content, the Software and the Intellectual Property Rights, code those, issue sub-licenses for those, encumber those with security rights or otherwise transfer those. You guarantee that you will not amend the content, the Software and Intellectual Property Rights in any way or use amended versions of the Software and Intellectual Property Rights, including (but not limited to) in order to gain unauthorized access to the Service. You guarantee that you will only use the interface provided by the Provider in order to access the Service. Provider herewith grants permission to make only one copy of the information on the equipment you use for gaining access to the Service and to use and display the copy of the Registered Information made on that equipment for private purposes.
We respects the intellectual property rights of others and expects you to do the same. We enforce third party’s intellectual property rights and can, in appropriate circumstances, suspend or terminate the accounts of subscribers or users who are infringers. We will respond expeditiously to claims of copyright infringement committed using our Services and/or Sites, if such claims are reported to our Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the our website by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Upon receipt of the notice as described below, we will take whatever action, in own sole discretion, it deems appropriate, including removal of the challenged content from the Services and/or Sites.
To file a DMCA Notice of Alleged Infringement, please:
1) Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of copyrighted works that you claim have been infringed.
4) Include both of the following statements in the body of the notice: “I hereby state that I have good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)” and “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed”.
Finally, deliver this notice, along with all items completed to our Designated Copyright Agent:Mobisaurus Limited, Antistaseos, 2A &560, Larnaca, Cyprus.Company registration number: HE 438160
14. NO WARRANTY
WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (THE “PROVIDER PARTIES”) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SERVICE, THE CONTENT, THIS SOFTWARE AND SITES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
15. LIMITATION OF LIABILITY
16. GENERAL INFORMATION
These Terms of Service, Additional Terms and our Privacy Policy form the entire legal agreement and understanding between you and Provider and supersede all previous agreements, understandings and representations between you and Provider relating to the Sites or the Services. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Service, Additional Terms or the use of the Sites or the Services.
You may not transfer any of your rights or delegate any of your obligations under this agreement without our prior written consent. Nothing in this agreement affects your statutory rights as a consumer.
17. GOVERNING LAW, JURISDICTION AND SEVERABILITY
The Cyprus law is applicable to the relationship between you and Provider, regardless of provisions of applicable international law. You and Provider hereby waive any right to jury trial with respect to any action brought in connection with the Terms of Service and/or Additional Terms. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Disputes will be submitted to final and binding arbitration under the rules of the arbitration association in your country. Any failure by Provider to exercise or invoke certain rights or stipulations laid down in the Terms of Service and/or Additional Terms, in no way constitutes a waiver or renunciation of those rights or stipulations.
ANNEX A
When your country of residence is part of the European Union, you can use the European model withdrawal form (complete and return this form only if you wish to withdraw from the purchase).
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
(*) delete as appropriate.