1. GENERAL PROVISIONS
1.1 The present general terms and conditions (“GTC”) shall regulate and specify the conditions of the registration made by the Users, as well as the access and use of the Services and the websites located at abakus-center.eu, abakus-center.com, abakus-center.ru are collectively referred to as “Websites”, and separately as a “Website”) and its subdomains operated by ABAKUS EUROPE OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152 (“ABAKUS EUROPE OÜ” or “Service Provider”), furthermore the GTC define the conditions and the related relevant circumstances of using the learning platform available at portal.abakus-center.eu (“Platform”).
1.2. ABAKUS EUROPE OÜ provides age-appropriate online Math classes for children. By attending the Classes available on the Platform, children can learn Math online individually or in groups with the help of a Math Teacher, who has contractual relations with ABAKUS EUROPE OÜ.
1.3. Accepting the present GTC, the Privacy Policy, the Children’s Privacy Policy, and the Cookie Policy of ABAKUS EUROPE OÜ (collectively referred to as: “Policies”) is a prerequisite for registering a User Account and accessing the Website, and the Platform and using the Services. The Policies form an integral part of the present GTC and shall be construed following the provisions of the present GTC.
2. DEFINITIONS
The following capitalized terms shall have the following meanings in the present GTC: Balance: a virtual balance that holds the number of Classes the User purchased from ABAKUS EUROPE OÜ.
Classes: shall mean an online individual or group class or classes held for the User and Student to study Math and conducted by a Teacher on the Platform.
Contract: a specific contract concluded between the Service Provider and the User for using the Services.
Services: services or a part of the service provided by ABAKUS EUROPE OÜ and accessible through the Website and Platform.
Student: the minor between the age of 4 and 15 years, or in some cases of older age, if defined by the Service Provider for the certain type of Services, who is represented by the User and who attends the Classes provided on the Platform.
Subscription: means a type of Service that includes a certain number of classes per week for a Subscription Period.
Installment: means a type of Service that includes a certain number of classes per week for a period with a payment commitment specified in the package.
Subscription Period: a recurring period starting on the day when the User activates the purchases Subscription according to the terms of the Service Provider. During this period, the User is entitled to participate in the Classes purchased with the Subscription.
Teacher: a natural person who is in a contractual relationship with ABAKUS EUROPE OÜ and teaches Math to the Students via the Platform.
Trial Class: the first practice lesson, when the Student’s Math knowledge is determined, the Student and User are familiarized with the Platform.
User: any natural person who enters into a legal relationship with the Service Provider for the provision of the Services under the terms of the present GTC.
User Account: an account under the name of the registered User on the Platform concerning the Services subscribed by the User.
3. The information clause about data processing
3.1 The information we gather from users enables ABAKUS EUROPE OÜ to personalize and improve the services, to allow the users to set up accounts on the Website or get information about our services. We collect the following types of information from our Users:
At Registration:
We collect the following personal data uploaded during the registration on the Website:
Full name,
E-mail address,
Phone number.
Please note that the e-mail address provided does not require the inclusion of personal data, such as your name. You are free to choose an e-mail address that contains information about your identity.
When Participating in Online Classes:
We collect the following personal data uploaded during Online Classes:
Video (including audio) of the participants of Online Classes,
Parental, sibling and extended family details,
Homework or any educational progress submitted via the Website,
Attendance,
Level of proficiency in Math,
Any other personal data shared directly or indirectly during Online Classes (including but not limited to personal information of third parties, racial or ethnic origin, religion or beliefs).
3.2 In accordance the Senate Bill No. 1121 California Consumer Privacy Act of 2018 (hereinafter: “CCPA”) and with art. 13 and 14 of the appeal of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on the protection of persons in connection with the processing of personal data and on free access to such data and repealing the provisions of Senate Bill No. 1121 (CCPA) and 95/46/EC - hereinafter "GDPR", we inform that:
The administrator of your personal data is ABAKUS EUROPE OÜ, with its registered office at Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 10152.
The processing of your personal data takes place in order to attend Math online lessons, based on contracts concluded between the Administrator and the student or parent/legal guardian access (Senate Bill No. 1121 (CCPA) and Article 6 (1) (b) of the GDPR). Personal data in the form of an image registered in the form of photos/video recordings will be processed on the basis of consent (Senate Bill No. 1121 (CCPA) and art. 6 (1) (a) of the GDPR).
Your personal data will be processed during the organization of the classes and schedule. Data in the form of the image of students will be processed until the consent is withdrawn.
Recipients of your personal data may be entities provided for the Administrator: IT, legal, advisory, insurance services based on contractual agreements and persons authorized to receive your personal data on the basis of legal provisions, e.g. courts and state authorities.
Personal data will be processed in the scope of name and surname, phone number, e-mail address, and city/country of the parent, and student.
You have the right to:
access to the content of your data, rectification, deletion, or limitation of their processing;
withdrawal of consent at any time, without affecting the lawfulness of the processing that was carried out on the basis of consent before its withdrawal,
transfer personal data, i.e. to receive from the Administrator information about the processing of personal data, in a structured, used machine-readable format, to the extent that your data is used to conclude a contract;
lodge a complaint to the President of the Office for Personal Data Protection, if you consider that the processing of your personal data violates the provisions of the CCPA and GDPR.
Providing personal data is voluntary, and the result of refusing to provide it will be the inability to attend classes. Refusal to consent to the processing of the image results in the Administrator's failure to make it public if it is registered in photos or video recordings.
Personal data will not be subject to automated decision-making, including profiling.
Due to the fact that photos and recordings with your image can be posted on the Administrator's fan pages located on social networking sites, we inform you that their servers may be located outside the USA and EEA region. They provide an adequate level of protection for personal data being processed.
Personal data will be collected directly from students, and in the case of minors - from their parents/legal guardians.
4. REGISTRATION OF THE USER, CONCLUSION OF THE CONTRACT
4.1 To access and use the Platform, the User must register through the Website and accept all terms of these GTC and the Policies. You may also allow the Website to interact with social networks to access and use the Platform.
4.2 The service provided by ABAKUS EUROPE OÜ is intended to be used by children, however, minors under the age of 16 or any other legal age of majority in their country of residence shall not register an account on the Website. Minors shall only use the Website, the Platform, and Services with the approval of their legal guardian or representative (e.g. parent, foster parent, stepparent, etc.).
4.3 The User hereby declares and warrants that the User complies with the terms of this clause, and is not incapacitated, furthermore, if the User’s legal capacity is partially limited or incompetent the legal representative or the legal guardian shall represent the User, furthermore understands and acknowledges the provisions of this GTC. In the event of any breach of this warranty, only the User or its legal representative or legal guardian violating the warranty shall be liable for any damages and costs incurred thereof.
4.4 After completing the registration and accepting the GTC and the Policies, the Service Provider activates the User Account and therewith the Contract between the User and ABAKUS EUROPE OÜ is concluded. The Service Provider has a right to send e-mails confirming the registration to the e-mail address provided by the User during the registration.
4.5 After registration, the User can add the Student’s details to their account by providing the names and ages of the Students. Every Student added by the User Account has a separate sub-profile in the User Account to access their personal study materials.
4.6 The Service Provider shall not be liable for any damages arising from data wrongly and/or incorrectly given by the User. The Service Provider should be not obliged but is entitled to modify the detailed profile data of the User.
4.7 The Service Provider shall not be liable for any damages arising from making the Users’ e-mail address and/or password available to unauthorized persons. In a case, when the e-mail address and/or the password is forgotten, lost, or becomes available to unauthorized persons the User can request assistance from the Service Provider.
4.8 You may use the User Account only for personal, non-commercial purposes. The Website and the Platform may be used by the Users solely at their own risk and under their responsibility.
5. THE SERVICES
5.1 The Platform allows the User to access the User Account and the Classes. The User can access the Classes only if the User purchased a Subscription unless otherwise not specified by the Service Provider.
5.2 Before the User purchases a Subscription, ABAKUS EUROPE OÜ has a right to provide a free Trial Class for the User. The Trial Classe is aimed at familiarizing the Student and the User with the Platform, as well as to determine the level of Math proficiency of the Student. The completion of the Trial Class is mandatory for the Student when required by ABAKUS EUROPE OÜ. The Teacher of the Trial Class is selected by ABAKUS EUROPE OÜ and is not subject to the decision of the User. After the Trial Class, ABAKUS EUROPE OÜ may recommend a Teacher as well as a Class schedule for the Student depending on the Student’s Math proficiency. ABAKUS EUROPE OÜ’s assessment of the Student’s Math proficiency may differ from the assessment that the User previously received from a third party.
5.3 To be able to participate in the Classes, the User needs internet access and access to the microphone and camera on the User’s device, which shall be procured by the User independently and at the User’s expense. All detailed information about the technical requirements of the device is placed on the Website. ABAKUS EUROPE OÜ will not be responsible for the impossibility of providing the Classes, or poor quality thereof, due to the inappropriate functioning of the required software, hardware, or internet access on the User’s part.
5.4 During the Classes, both the Student and the User should comply with the Privacy Policy of the Service Provider. The User acknowledges that ABAKUS EUROPE OÜ will record a video and photo of the Classes to control the quality of the Services that ABAKUS EUROPE OÜ provides and to investigate the claims of the User, furthermore to make the Student and the User able to re-watch and repeat a lesson.
5.5 The User agrees that specific photo or video records may in some cases be stored for a longer or shorter period if legally required and may be submitted to the Teacher, ABAKUS EUROPE OÜ, state authorities, or courts subject to legal grounds for such submission or in cases when where it is economically more feasible for ABAKUS EUROPE OÜ.
5.6 The User is allowed to select from the Teachers available depending on the Student's Math proficiency and the desired schedule of the User. ABAKUS EUROPE OÜ may replace the Teacher at its sole discretion, however, ABAKUS EUROPE OÜ shall inform the User about that where applicable.
5.7 At the end of every Class, the Teacher may provide the Student with homework which is preferably required to be done on the Platform by the next scheduled Class.
5.8 The Class is considered conducted properly if the User has not notified ABAKUS EUROPE OÜ about a complaint against the quality of the Class within 24 (twenty-four) hours from the time of the Class. The Service Provider reserves the right to consider the User's complaint on an individual basis and, if there are valid reasons, to return the lesson to the User’s Balance.
5.9 Cancellation and postponement of the Classes by the User without a loss of the Balance may be arranged not later than 8 (eight) hours before the start of the Class. The User’s failure to meet this deadline shall mean that the User agrees to the proposed time of the Class, and even if the Student is absent from such a Class, the Class is considered conducted properly. The Teacher shall have the right to postpone and cancel Classes, having informed the Service Provider in advance. In this case, a substitute Teacher shall be assigned to the Class if the User accepts substitutions in the User Account. If a substitute Teacher is not found for a Class, the User will be notified by the Service Provider of the cancellation and a Class will not be written off from the User’s Balance.
5.10 Communication between the User, the Teacher, and the Service Provider regarding the classes shall be done via the Platform. ABAKUS EUROPE OÜ shall inform the User about the assignment of Classes, the cancellation of Classes, the appointment of a substitute Teacher, and other events. Due to the nature of such communications, ABAKUS EUROPE OÜ does not guarantee the delivery of such messages. The User shall inform the Service Provider about the postponement or cancellation of the Class.
6. TYPES OF SUBSCRIPTIONS AND CONDITIONS
6.1 To access the Services available on the Platform, the User must choose and pay for a Subscription on the Website. The current prices of the different Subscription types are available on the Website. When a Subscription Period ends unused classes expire and cannot be used by the User or carried over to a new Subscription Period or otherwise, except as expressly clarified by ABAKUS EUROPE OÜ. By purchasing the Subscription you agree to the posted pricing and payment terms as we may update them from time to time.
6.2 When the User chooses a Subscription, the User authorizes ABAKUS EUROPE OÜ to make a recurring charge until the User cancels the Subscription. The frequency of debiting recurring charges depends on the Subscription Period and is specified by the Service Provider. Your Subscription will renew automatically and you authorize the Service Provider to charge the applicable subscription fees at the then-applicable rate and taxes for the Subscription to your credit card at each renewal term. Please note that the already billed Subscription fees are non-refundable. ABAKUS EUROPE OÜ may cancel your Subscription without prior notice if we cannot process payment through the provided payment method.
6.3 If the type of Subscription chosen by the User is not available anymore, however, such a Subscription is not canceled by the User and this Subscription still exists for the User under the terms determined in the User Account, that shall not affect ongoing Subscription chosen by the User until the User receives a notification from ABAKUS EUROPE OÜ.
6.4 The User can schedule the purchased Classes on the Platform according to the terms of these GTCs during the Subscription Period.
6.5 At the end of the Subscription Period, the unused Classes can only be transferred to the User’s Bonus Balance by the Service Provider, if that is expressly stated and applicable according to the Subscription terms and conditions, chosen by the User. If not provided otherwise, the Service Provider keeps the unused lessons on the User’s Balance only until cancellation of the Subscription, expiration of the applicable Subscription Period, or failure of the User to make a payment according to the Subscription terms and conditions, chosen by the User.
6.6 The User may cancel the automatic renewal of the Subscription manually on the Platform or by sending a cancellation request to the Service Provider not later than 1 (one) business day before the anticipated cancellation. Upon such request, ABAKUS EUROPE OÜ shall cancel further automatic renewal of the User’s Subscription. Additional terms or charges may apply in connection with the User’s cancellation of the Subscription.
6.7 The User has the right to suspend the Subscription only for a certain period indicated on the Website. The User can suspend the Subscription manually on the Platform, or by sending a request to the Service Provider, but in any case not later than 1 (one) business day before the anticipated suspension. In this case, the next payment for the Subscription will be postponed to the number of days for which the User has suspended the Subscription, and the Classes scheduled for the period of suspension will be canceled automatically.
6.8 If the User instead of purchasing the Subscription previously purchased a certain number of Classes to its Balance (“Package”), the User agrees that if the User does not use at least one Class during 90 (ninety) calendar days after the last used Class in the Package, the Service under the above Package is considered to be provided in full and the Balance in the User Account becomes zero. In this case, the Service Provider does not have any obligation to refund the payment or otherwise compensate the User with the unused Classes. The same rules apply when the User obtained a certain number of Classes to its Balance by converting the User’s Subscription into a Package by the Service Provider in the previous periods, by participating in the Promotions of ABAKUS EUROPE OÜ, or by receiving a bonus or similar compensation from the Service Provider.
6.9 ABAKUS EUROPE OÜ is entitled to provide discounts (“Discounts”) and special offer purchases and promotions (“Promotions”) to the Users at dates and duration determined solely by ABAKUS EUROPE OÜ, the availability, and conditions of the Discounts and Promotions shall be indicated by the Service Provider on the Website or on the Platform to inform the User. The Service Provider is entitled to introduce, terminate, and modify the conditions of the Discounts and Promotions at its discretion, of which change shall be without delay indicated on the Website or the Platform to inform the Users. ABAKUS EUROPE OÜ may also provide certain discount codes (“Discount Code”) that can be used by the Users in a limited timeframe.
6.10 The payment process related to the purchasing of the Subscription is processed by a third-party payment processor, depending on the payment method chosen by the User, which means the User shall be bound by the terms of that third-party payment processor. The User will get an electronic invoice issued by a third-party payment processor after the processed payment. An electronic invoice will be sent to the e-mail address provided by the User at registration or will be available in the User Account.
6.11 Upon the request of the User, on a case-by-case basis and depending on the grounds of such a request, ABAKUS EUROPE OÜ may consider refunding the payment of the User partially or in whole. The User agrees that proportional discounts and proportional reductions in the cost resulting from bonus programs that have been used by the User at the last payment shall be taken into account when calculating the cost of the used Classes to be deducted.
6.12 Unless otherwise stated by terms of the Subscription chosen by the User, normally for cases when no lesson is used by the User under the purchased Subscription or the Subscription is purchased by the User for the first time and ABAKUS EUROPE OÜ received a notice of termination of the Contract in the first 14 (fourteen) days the cost to be refunded shall be determined based on the number of Classes in the Balance. The User shall be refunded no more than the total price such User paid at the time of purchasing the Subscription.
6.13 After ABAKUS EUROPE OÜ’s positive decision on the refund, ABAKUS EUROPE OÜ shall arrange the refund within 5 (five) business days, however, the final term for the processing of the refund depends on the third-party payment processor.
6.14 All payments under the Contract shall be made by the User in time and without delay for ABAKUS EUROPE OÜ to ensure the proper provision of the Services. If the payment is overdue the Service Provider has a right not to provide the Services and terminate the Contract with the User or suspend the provision of Services at its discretion.
7. MONTHLY PAYMENT AND INSTALLMENT PLAN CONDITIONS
7.1. In the case of purchasing a 6 or 9-month subscription, a one-time payment or monthly payment is applicable. For the monthly method of payment, the price per lesson is different from the one-time payment. For the monthly method of payment, we reserve the right to adjust prices, however, you should be able to cancel your subscription.
7.2 For one-time payments, once the subscription has started, the refund period is 45 days for 9/6/3-month subscriptions (36/24/12 weeks) for unused lessons. For monthly payments or a 4-week subscription, once the subscription has started, the refund period is 14 days for your first payment for unused lessons. The refund amount is based on the number of lessons left on your balance.
7.3 For Installment plan payments, the Users shall pay the Purchase Price by installment payments as follows:
On or before the execution of this Agreement, the Users shall pay the first Installment.
On or before the end of each billing cycle, the Users shall pay the remaining portion of the Payment in one or more Installments, with the amount of each such Installment to be determined by the package chosen by the User.
The installment plan period is determined when the User subscribes to one of the packages offered.
7.4 Closing of the Transaction. The parties hereto agree that the Closing shall take place concurrently with the payment of the final Installment hereof. If any portion of the Cash Payment is not paid by the end of the billing cycle, interest shall accrue at the rate of 10% per annum based on a year of 365 days for the actual number of days elapsed between such date and the date of payment.
7.5 In case of purchasing a 6- or a 9-month subscription, the unused lessons remain on your balance until canceling the subscription or failure of monthly payment. After canceling the subscription or failure of monthly payment, any lessons remaining on the balance expire. By canceling the Subscription before the expiration date the full amount has to be paid within and the service is considered to be provided in full from the moment the Subscription is initiated.
7.6 ABAKUS EUROPE OÜ is entitled to modify, improve, or discontinue the conditions of Promotions at its sole discretion, and without notice, the availability and conditions are indicated on the ABAKUS EUROPE OÜ website or Student's account.
7.7 Note that in some countries, if you decide to cancel your Subscription different rules may apply. In such cases, their effect prevails over these rules.
8. OBLIGATIONS OF THE USER
8.1 By registration, the User is obliged to provide the User’s and the Student’s data correctly. The User shall be liable for all damages and costs incurred by the Service Provider, the User, or a third person as a result of the User providing incorrect data.
8.2 The User, in terms of the personal data and the documents uploaded by the User during and after registration, is obliged to comply with the applicable legislation. The User and the Student shall refrain from any conduct that violates the provisions of this GTC, the rights of others or is otherwise unlawful, misleading, discriminatory, or unfair.
8.3 The User and the Student may not upload viruses or malicious code and may not display any behavior that overloads the Website, or the Platform, makes them inaccessible, or otherwise prevents their correct operation.
8.4 ABAKUS EUROPE OÜ reserves the right to remove, without delay and notice to the User, any content made available by the User that violates these GTC, or to exclude the User and Student from any further use of the Service, if any of the User or the Student publishes such content directly or indirectly through the Website or the Platform.
8.5 The Service Provider expressly excludes any liability for any damages, including any restitution, arising from erroneous, false, ambiguous, or unlawful content provided by the User or the Student.
8.6 The User and the Student are obliged to comply with the provisions of this GTC and of other terms and conditions set by the Service Provider. Any damages, including restitution, resulting from the violation of such provisions shall be borne by the User. In case of a violation, ABAKUS EUROPE OÜ reserves the right to restrict or remove access of a User to the Service without any notice.
8.7 The User acknowledges that if, for reasons of unlawful behavior or of any other behavior that infringes the current GTC or any other terms and conditions set by the Service Provider, the User is banned from the Services and the amounts already paid by the User for the Service shall not be recoverable.
8.8 The User agrees to use the Platform, the Website only for purposes permitted by these GTC as well as any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions. Specifically, the User agrees and warrants that in using the Platform, the Website, the actions of the User do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where the Platform, the Website is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
8.9 The User represents and warrants that in using the Platform, the Website, and the User are not nor will be at any time in the future: (i) located in a country embargoed by the United States; (ii) the target of any sanctions program that is established by Executive Order of the President or published by the Office of Foreign Assets Control, U.S. Department of the Treasury (“OFAC”); (iii) designated by the President or OFAC according to the Trading with the Enemy Act, 50 U.S.C. App. § 5, the International
Emergency Economic Powers Act, 50 U.S.C. §§ 1701-06, the Patriot Act, Public Law 107-56 or any Executive Order of the President issued according to such statutes; (iv) the target of Executive Orders 13660, 13661, 13662, 13686 and associated laws and regulations of Ukraine; (v) named on the following list that is published by OFAC: “List of Specially Designated Nationals and Blocked Persons”; (vi) a resident of any nation that is on the U.S. Treasury Department’s list of Specially Designated Nationals; or (vii) listed or designated on the United States Commerce Department’s Table of Deny Orders; or (viii) the United Nations Security Council, the European Union, Her Majesty’s Treasury, or other relevant sanctions authority.
9. AMENDMENT, TERMINATION OF THE CONTRACT
9.1 The Service Provider shall be entitled to amend the present GTC and its integral parts unilaterally at any time and publish the amendment GTC on the Website. The amended GTC shall apply to the Services that are initiated both before and after the publication of the amended GTC.
9.2 The User shall be entitled to cancel the registration at any time, which shall also mean the termination of the Contract concluded with the Service Provider. By canceling the registration, the User Account will be terminated, therefore the User cannot access the Classes anymore.
9.3 The Service Provider shall be entitled to unilaterally terminate the Contract with immediate effect if the User violates any of its obligations set out in this GTC and in any other terms and conditions set by the Service Provider or in applicable law.
9.4 If the Service Provider detects, and becomes aware, the possibility arises that the User registered and/or uses the Website without the consent of the legal representative or legal guardian in case of a minor User under the age of majority, or the legal guardian in case of incapacitated User or User with partially limited capacity, the Service Provider is entitled to notify the User to verify reliably in a reasonable time, but not more than 5 (five) days that the consent of the legal representative or the legal guardian has been given. If the User does not verify reasonably the consent of the legal representative or the legal guardian, the Service Provider is unilaterally entitled to terminate the Contract with immediate effect and to delete the User Account.
9.5 The Service Provider reserves the right to terminate the Contract with the User at any time and at its discretion. ABAKUS EUROPE OÜ shall notify the User of the termination of the Contract by sending a message to the e-mail address or phone number provided by the User during the registration.
10. INTELLECTUAL PROPERTY
10.1 By accepting this GTC, the User acknowledges that the Services, including, but not limited to, data, information, pictures, texts, music, audio contents, any other contents, illustrations, user interfaces, audio and video clips, editorial content, as well as scripts and software used for the implementation of Services, contain such proprietary information and material the right holders of which is ABAKUS EUROPE OÜ, and which are protected by applicable intellectual property or other legislation, including, but not limited to, copyright protection. The User accepts that they may not use such proprietary information or contents in any other manner than the private, non-commercial use of the Services set out in this GTC. It is prohibited to reproduce any part of the Services in any form or by any means unless expressly permitted by this GTC. The User acknowledges that the User may not, in any way, modify, let, sell, or distribute the Services or any part thereof, and shall not be entitled to use the Service in any manner expressly not permitted.
10.2 The ABAKUS EUROPE OÜ name and any other trademarks, illustrations, and logos used concerning the Service are the intellectual property of the Service Provider or the Service Provider has the rights to use them. The User shall have no rights in respect of the above-mentioned trademarks and intellectual property.
10.3 The content of the Website, including, but not limited to, its graphic elements, text and technical solutions, the layout and design of the Website (including the Platform) interface, the software and other solutions, ideas, and implementation used, as well as the content on the Website published by the Service Provider, except for the content that may be made available by the User in the course of the use of the Services, are the intellectual property of the Service Provider protected by copyright. The copying thereof, in whole or in part, violates copyrights.
10.4 The use of the Website shall under no circumstances result in the source code being decrypted or deciphered by anyone or in any other way infringe the intellectual property rights of the Service Provider. It is also forbidden to adapt or decrypt the content or any part of the Website; to unfairly create a User Account; the use any application by which the Website or any of its parts can be modified or indexed (e.g. search bot, or any other decryption).
11. EXCLUSION OF WARRANTY, LIMITATION OF LIABILITY
11.1 The Users may only use the Services at their own risk and accept that the Service Provider shall not be liable for any material damages or personal infringements arising in connection with the use, apart from the liability for damages caused deliberately, by gross negligence or criminal offenses, as well as for breaches of contract causing death or injuries to physical integrity or health.
11.2 The Services are provided on an “as is” and “as available” basis. The Service Provider (and its affiliates, suppliers, partners, and agents) makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaims any warranties or conditions, including the implied warranties of merchantability, fitness for a particular purpose, etc.
11.3 The Service Provider excludes any liability for the User’s or the Student’s conduct. The User and the Student are fully and exclusively liable for their conduct. The Service Provider shall be entitled but not obliged to monitor the content that may be made available by the User in the course of the use of the Services and to look for signs of illegal activity concerning the recorded videos or photos of the Classes. The User acknowledges that the Service Provider does not assume any obligations or liability for any data that are made available, edited, or uploaded by the User or the Student.
11.4 The User shall be liable to the Service Provider for any damages sustained by the Service Provider caused by the User’s or the Student’s non-compliant and/or unlawful use of the Services.
11.5 In lack of the prior written consent of the Service Provider, the User is not entitled to use the Services for advertising or other promotional or political purposes.
11.6 If the User detects any objectionable content (which, in particular, violates the rights or legitimate interests of others, is defamatory, humiliating, abusive, inflammatory, of sexual content and threatens minors, etc.) or observes unusual operation on the Services, the User shall immediately notify ABAKUS EUROPE OÜ thereon. If the Service Provider finds the notification well-founded, it shall be entitled to cancel or modify the information immediately.
11.7 The Service Provider shall operate the Services with reasonable diligence and expertise. The Service Provider will do its best to ensure the continuous availability of the Services available on the Website, however, due to the nature of the Internet, the Service Provider cannot guarantee the continuous operation and the continuity of the Services. The Service Provider shall not assume any liability for any direct or indirect damages caused by technical shutdowns, breaks independent of the Service Provider, or destructive applications or programs of the third parties used by the Service Provider.
11.8 ABAKUS EUROPE OÜ does not make any further statements and undertakes no further warranties regarding the Services, thus, in particular, it does not warrant that the User may use the Services without interruption and error. The User acknowledges, that the Service Provider may remove, from time to time, the operation of the Services for an indefinite period, or suspend or terminate the operation of the Service for technical, operational reasons at any time, on which, if possible, the Service Provider informs the User; and the Services will be free of loss, malfunction, attack, viruses, intervention, interference, hacking or other harmful interference affecting security, which events are considered as Force Majeure events, and for which the Service Provider shall in no way be held liable.
12. MISCELLANEOUS PROVISIONS
12.1 ABAKUS EUROPE OÜ is entitled to place advertisements or other marketing-related content at any time on the Platform, the Website.
12.2 ABAKUS EUROPE OÜ may assign, transfer, or otherwise dispose of our rights and obligations under these GTCs, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these GTCs. If any part of these GTC shall be determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions, and provisions which shall continue to be valid to the fullest extent permitted by law.
12.3 ABAKUS EUROPE OÜ reserves the right to make changes or corrections to the Services without prior notice. The Service Provider also reserves the right to change the domain name of the Website at any time.
12.4 Any dispute arising from this Contract shall be governed by the laws of the European Union, without giving effect to any principles of conflicts of laws. The sole and exclusive jurisdiction for any dispute arising out of or in connection with this Contract shall be settled in an appropriate state or federal court in the European Union. By accepting this GTC, the User hereby irrevocably waives objection to and consent to the jurisdiction of the courts of the European Union.
12.5 All claims must be brought in the parties’ capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless ABAKUS EUROPE OÜ agrees otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into the Contract, you are waiving the right to a trial by jury or to participate in a class action.
12.6 These GTCs shall enter into force upon publication on the Website and shall remain in force until its cancellation or amendment by the Service Provider. You can contact us if you have any questions regarding these GTCs.
