A.    Terms of Service

OVERVIEW

This website is operated by and property of SC Data Training SRL, a Romanian legal entity, with its registered office in Bucharest, Bulevardul Alexandru Obregia, No. 6, Block M1, Floor 7, #25, Sector 4, registered at the Trade Register under no. J40 / 10455/2020 having Unique Registration Code RO42959510. Throughout the site, the terms “we”, “us” and “our”, “Data Training” refer to SC Data Training SRL.

Email: office@datatraining.ro

1. GENERAL CONDITIONS

1.1 By visiting our website and/or making a purchase, you engage in our “Service” and agree to abide by the following terms and conditions, which include any additional terms and policies referenced here or available elsewhere.

1.2 These Terms of Service apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and content contributors. By accessing or using any part of the site, you agree to comply with these Terms of Service.

1.3 Any new features or tools introduced to the current website will also be subject to the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to modify, update, or replace any part of these Terms of Service by posting changes on our website. It is your responsibility to periodically check this page for updates. Your continued use of or access to the website after changes are posted indicates your acceptance of those changes.

1.4 If you do not agree with all the terms and conditions of this agreement, you may not access the website or use any Services. If these Terms of Service are viewed as an offer, acceptance is limited to these Terms of Service.

1.5. In using the website, you agree to provide true, accurate, current and complete information about yourself. In the event that we consider that this obligation is not respected by you, we reserve the right to block your access, for a fixed or indefinite period, to the use of the service without any prior notice.

2. OTHER TERMS AND CONDITIONS

2.1 Additional notices, terms, and conditions may apply to membership, the receipt of services, participation in specific programs, conferences, training sessions, seminars, Authorized User registration with Data Training, and other features of the Data Training website. These additional terms are incorporated into these Terms of Service by reference.

2.2 Specifically, these Terms of Service alone do not grant you any Data Training membership benefits until you sign and Data Training accepts the member services agreement. You agree to comply with these additional notices, terms, and conditions. In the event of a conflict between these terms and those applicable to a specific section of the Data Training website, the latter will take precedence regarding your use of that section.

2.3 Data Training’s obligations, if any, concerning its programs, services, tools, materials, or information are governed solely by the terms, conditions, notices, and agreements under which they are offered. Nothing in these Terms of Service should be interpreted as changing those terms, conditions, notices, or agreements.

3. COPYRIGHT – Use of Content on www.edatatraining.com

3.1 Content Usage

The content on the Site is intended solely for personal, non-commercial use. All published materials—including, but not limited to, articles, photographs, images, illustrations, audio, and video clips (collectively referred to as “Content”)—are protected by copyright and owned or controlled by SC Data Training SRL or the relevant providers of such Content, in accordance with applicable copyright law.

3.2 Downloading Content

You are allowed to download or copy the Content and other downloadable items from the website, as well as promotional materials and content shared on social media platforms, for personal use only. However, you must keep all copyright and other notices intact. Copying or storing Content for any purpose other than personal use is not permitted.

3.3 Trademark Notice

The Data Training trademark is a registered trademark of SC Data Training SRL, protected under applicable law.

4. RESPONSIBLE USE OF SERVICE

In addition to other restrictions outlined in the Terms of Service, you are prohibited from using the site or its content in the following ways:

(a) For any unlawful purpose;

(b) To solicit others to engage in illegal activities;

(c) To violate any international, federal, provincial, state regulations, rules, laws, or local ordinances;

(d) To infringe upon or violate our intellectual property rights or those of others;

(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) To submit false or misleading information;

(g) To upload or transmit viruses or any other malicious code that may disrupt the functionality or operation of the Service, related websites, or the Internet;

(h) To collect or track the personal information of others;

(i) To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;

(j) For any obscene or immoral purpose;

(k) To interfere with or bypass the security features of the Service, any related websites, or the Internet.

We reserve the right to terminate your access to the Service or any related website if you violate any of these prohibited uses.

5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

5.1 We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. We also do not warrant that any results obtained from using the service will be accurate or reliable.

5.2 You acknowledge that we may occasionally remove the service for an indefinite period or cancel it at any time without prior notice.

5.3 Your use of, or inability to use, the service is at your own risk. The service and all products and services provided through it are offered “as is/are” and “as available,” without any representations, warranties, or conditions of any kind, either express or implied. This includes all implied warranties of merchantability, quality, fitness for a particular purpose, durability, title, and non-infringement, unless explicitly stated otherwise by us.

5.4 Under no circumstances shall Data Training, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, regardless of whether they arise from contract, tort (including negligence), strict liability, or otherwise, resulting from your use of the service or any products obtained through it.

5.5 This also applies to any claims related to your use of the service or any product, including errors or omissions in any content or any loss or damage incurred due to the use of the service or any content (or product) posted, transmitted, or made available through the service, even if we were advised of the possibility of such damages.

5.6. To the fullest extent permitted by law, SC Data Training SRL excludes any liability for indirect, incidental, special, or punitive damages, including lost revenues, profits, or data resulting from the use or inability to use the services or products provided. Users acknowledge that service usage is at their own risk, and the company offers no express or implied warranties regarding the products or services provided

5.7 Since some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions, our liability will be limited to the maximum extent allowed by law.

6. LINKS TO OTHER WEBSITES

6.1 Our service may contain links to third-party websites that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party sites.

6.2 You acknowledge and agree that we shall not be liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through those websites.

6.3 We recommend reviewing the terms and conditions and privacy policies of any third-party sites you visit. Your interactions with these sites are solely between you and the third party.

7. PERSONAL INFORMATION

Please refer to the Privacy Policy for details on how Data Training collects and utilizes personal identifying information, including its use for marketing purposes. The policy also outlines the types of data collected through your access to www.edatatraining.com.

8. INDEMNITY

You agree to defend, indemnify, and hold harmless Data Training and its affiliates, along with their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns, from any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation costs) that arise from your breach of these Terms of Service.

9. FRAUD

Any attempt to access the personal data of another user, to modify the content of the site or to affect the performance of the server on which the site runs will be considered an attempt to defraud the site, the Company reserving the right to file criminal charges against the person or persons who have attempted to do so.

eCONTACT INFORMATION

Questions and feedback about the Terms of Service should be sent to us at

office@datatraining.ro

Our contact information is posted below:

SC Data Training SRL

Blvd. Alexandru Obregia, No. 6, Block M1, Floor 7, #25

Sector 4, Bucharest, Romania

 B.    SPECIAL TERMS AND CONDITIONS

 1.     DEFINITIONS

 “Confidential Informations” – any data, documents or information, regardless of their nature, marked or not or otherwise designated as confidential, in the form of a document, electronic or otherwise, disclosed by the Beneficiary to the Provider and by the Provider to the  Beneficiary and refers to non-public information on business, financing, current and potential customers, identity of suppliers, activity and marketing plans, proposals, projects, forecasts, work in progress, employees informations and salary rights and/or compensation, drawings, manuals, intellectual property rights, works likely to be protected by intellectual property rights and / or related applications, processing and manufacturing information, research plans and results, applications, computer programs, databases, software, software flow charts, specifications, technical data, scientific and technical information, test results, market research, equipment of any kind, engineering, manufacturing and know-how related to any of the above.

Provider’s methodology and teaching specifications – all papers and materials, written or prepared by the Provider in its pedagogical programs related to the teaching method, including, but not limited to, all reports, studies, data, diagrams, charts, methodologies, specifications, precontractual or contractual documents, the above works and materials in the form of a project, working or synthesis documents and evidence systems for such works and materials. Specifications on how the trainings will be delivered are part of this agreement and may be communicated on paper or electronically. All these are and remain the exclusive intellectual property of Data Training SRL, and may not be used by the Beneficiary in any way, except for the contractual period of time.

The Provider’s Database represents the set of data and information stored on paper or electronically, including the methods of access, consultation, updating, completion and archiving, which are and remain the exclusive material and intellectual property of Data Training SRL and to which the Beneficiary will have access on the basis of its levels of competence and in compliance with the obligation of confidentiality, exclusively and limited only for the purpose of performing this contract.

“Party / Parties” – The Beneficiary and the Provider may be referred altogether as the “Parties” or individually as the “Party”.

“Days” means calendar days, unless otherwise provided in this Agreement and it specifically refers to “working days”.

The Provider – Data Training SRL

User – any person accessing the site. The User may also be defined as a Beneficiary or Customer.

Terms and conditions – the totality of the legal provisions regarding the commercial and contractual relationship between the Provider and the Beneficiary, namely: conclusion of the contract, rights and obligations of the parties, payment terms, performance terms, contractual liability, termination of the contract.

Intellectual Property Rights – all intangible rights such as know-how, copyright and rights in kind of copyright, database rights, design rights, modeling rights, patents, trademarks and domain name registrations.

 2.     OBLIGATIONS OF THE PARTIES

1. The Provider has the following obligations:

a) To perform the services that are the object of this contract on time, at the highest professional standards and according to the requests of the Beneficiary the services;

b) To provide all the materials for the courses and to make them available to the participants throughout the courses;

c) To lawfully hold all the authorizations, agreements, licenses necessary to perform the Services;

d) To issue and deliver the invoice related to the services;

e) To respect the confidentiality of the information received from the Beneficiary during the performance of this agreement;

f) Not to assign or subcontract without the prior written consent of the Beneficiary the fulfillment of the obligations under this contract;

g) Upon termination for any reason of this contract, to return or delete, according to the instructions of the Beneficiary, all documents / information received during the performance of the contract, regardless of whether they were received on physical and / or electronic media;

2. The Provider declares and guarantees that:

a) Has the full capacity to perform the Services to which it is obliged and to fulfill all the obligations contracted with the Beneficiary;

b) The services are in accordance with the object of activity that the Provider is authorized to carry out;

c) The services performed, as well as the products used fully comply with the regulations in force;

d) The Provider has the necessary knowledge, technology and know-how to perform the Services to which it is committed to the highest degree of quality known in the field, so as to fully undertake the purpose for which they were intended;

e) In the execution of the services which the Provider undertakes, he will work only with qualified personnel according to the law and well trained and will strictly observe all the legal provisions, including but not limited to the provisions regarding the protection of health at work;

g) The Provider has the freedom to carry out the activity directly, with staff employed or in collaboration with third parties, in accordance with the law and in compliance with the provisions of this agreement.

3. The Beneficiary has the following obligations:

a) To make the payment on time for the invoices issued by the Provider. Payment of invoices represents acceptance of the services provided. The payment of the requested course will be made within 15 calendar days from the date of issuing the invoice for the requested course.

b) To promptly send to the Provider, at its prior written request, all the information and / or documents necessary for the provision of the services.

c) To respect the confidentiality of the information received from the Provider during the performance of this Agreement;  To ensure absolute confidentiality, data security, and the protection of information obtained directly or indirectly during the execution of this contract, including but not limited to: educational programs, educational materials, etc, as well as the security of any type of document, whether in tangible form or electronic format, provided by the Provider or accessed through the Provider’s materials platform and made available to the Beneficiary by the Provider for a period of 1 year, during the contractual relationship, at the request of the Provider or upon termination of the contract, for any reason, all types of documents mentioned above will be returned to the Provider without any destruction, loss, or deletion; failure to comply with this provision may result in the Beneficiary being liable for monetary damages, determined by agreement of the parties or by a court decision;

d) Not to use any of the Confidential Information other than for the specific purpose as specified in this agreement;

e) Confirms that the User has full legal responsibility or is capable of assuming legal obligations, given that by accepting these Terms and Conditions, the User assumes full financial responsibility for the use of the edatatraining.com website.

f) Undertakes to browse the website  edatatraining.com and create an account exclusively for the purchase of courses made available by the company, avoiding any malicious action intended to bring him (the User) undue advantage.

g) The User shall not create an account on the website using false identities and shall not pay for products purchased with credit cards for which he/she does not have the holder’s consent to use them.

 3.     PAYMENT

– Online exclusively by card through our dedicated payment platform. To protect you and our other customers, all transactions are automatically verified using specific algorithms to help prevent fraudulent transactions. Transactions are processed in the 3D Secure system.

 4.     ENROLLMENT, REPLACEMENT, AND WITHDRAWAL OF LEARNERS

4.1. All details regarding each course, including the agreed number of participants by the Parties, are included in the order made by the User.

4.2.  The parties have the right to request the postponement/rescheduling of any course, proposing the period, date and time of rescheduling. In the event that the parties do not agree on the new date/period for the course, either party has the right to cancel the respective course, through a written and prior notification sent to the other party in accordance with Article 7 – Notifications. In this case, the course will be considered canceled at the initiative of the party that initially requested rescheduling.

4.3.  In the context of the Beneficiary canceling a course or a seat/seats in the open sessions agreed upon between the Beneficiary and the Provider, and/or in the context of the withdrawal or non-participation of a number of participants:

a)  The cancellation of seats or a course will be done free of charge if the Beneficiary informs the Provider at least 30 days before the start of the course.

b)  The Beneficiary will pay 50% of the total payment amount for that group (no. of registered persons x the price of the course per participant) if the Provider is informed between 15-29 days before the start of the course;

c)  The Beneficiary will pay in full the total amount of payment for that group (no. of registered persons x the price of the course per participant) if the Provider is informed between 1-14 days before the start of the course.

d)  The beneficiary can replace the participants up to 3 working days before the start of the course taking into account the level of the course and the technical requirements for participation. Failure to replace the withdrawn participants entails the full payment of the course fee for the withdrawn and non-replaced participants.

e)  2 days before the start of the course, no changes can be made to a group.

f)   If the Provider cancels or postpones the course, the Beneficiary has no obligation The Provider is required to notify and justify course cancellations at least 3 working days before the initially scheduled date.

g)  In exceptional cases of non-attendance, documented, the Provider may offer free seats at the next scheduled session of the same course, as agreed upon by the Beneficiary and accepted by the participants, without being obligated to do so, and only within the available seats and only to participants who are unable to attend the initially scheduled session.  The provider will communicate to the beneficiary the available seat/seats two working days before the scheduled start date of the course.

h)  It is not allowed to record courses, total or partial, with physical or online development.

 5.     CONTRACTUAL LIABILTY

a) This T&C serves the common interest of the parties who undertake to perform it in full and in good faith.

b) Both Parties undertake to monitor and inform each other of the performance of the Contract and to notify the other party in writing whenever changes occur compared to those previously established in writing.

c) The Provider will not be held liable in any case for loss of profit, loss of possession, subsequent costs, damages or injuries caused to third parties or the Beneficiary, if they arise as a result of the execution of the Contract or breach of contractual provisions by the Beneficiary, regardless of whether they were committed through fault or negligence.

d) The Provider may not be obliged by the Beneficiary to pay indirect damages, including unrealized benefit, loss of profit, loss of income, unless this will be proved in front of the court.

e) The Beneficiary shall not invoke the liability of the Provider for any and all claims, actions, proceedings, losses, damages, damages, costs or expenses arising in connection with the performance of the obligations under the Contract, as long as they are not arising out of the direct and proven fault of the Provider. In all cases, the Provider’s liability will be limited to the value of this Agreement.

f) The Beneficiary will carry out its activity in a manner that positively reflects the good reputation of the Provider and will not do anything that could harm or denigrate the image or name of the Provider, its associates and / or administrators and / or trademarks. owned or promoted by it;

 6.     TERMINATION OF THE AGREEMENT

The contract terminates in the following situations:

a) By agreement of the Parties;

b) At the expiration of the initial duration or of each of the extensions agreed by the parties and amended by means of an additional agreement;

c) One of the Parties is in breach of its essential obligations. Essential obligations are considered: for the Beneficiary – payment of invoices, for the Provider the timely fulfillment and according to the requests of the Beneficiary of the services, the observance of the obligation of confidentiality.

d) One of the Parties repeatedly violates its other obligations under this Agreement, even if such individual violations are not substantial. The breach will be considered “repeated” if, upon receipt of a first written notice, the Provider breaches the obligation at least a second time, regardless of whether or not the second breach is related to the initial breach of the relevant obligation.

e) By unilateral termination by either Party, without giving any reason, with the obligation to notify the decision of termination  at least 15 calendar days before the date of termination. The parties have agreed that the right of unilateral termination of the Beneficiary if exercised no later than 14 days before the course date, the termination will be valid only if the Beneficiary pays damages in the amount of 30% of the amount mentioned in the contract or in related annexes.

 7. NOTIFICATIONS

1. Any notification, communication, permission, consent, approval or the like that will be sent by one party to the other party will be in writing (email or registered letter).

2. Any notice or communication shall take effect in accordance with this Agreement and shall be deemed to have been received by the other Party if:

a)    it was handed over to the recipient and he / she signed the receipt, in case of transmission by personal courier;

b)    the corresponding confirmation has been received by email from the sender (in the sense that all pages sent to the recipient appear to be received);

c)     the acknowledgment of receipt has been received from the post office, in case of communication by registered letter.

3. Any notification addressed by one of them to the other shall be validly fulfilled if it is sent to the address / registered office provided in the introductory part of this Agreement or to the addresses below.

–        For the Provider

Mailing address:Blvd. Alexandru Obregia, No. 6, Block M1, Floor 7, #25, Sector 4, Bucharest, Romania

Phone: +40 712 64 03 52

E-mail: office@datatraining.ro

4. Any change in the contact details provided above will be notified to the other Party. In case of non-fulfillment of this obligation, the Parties agree that the notification procedure at the above-mentioned addresses has been fulfilled, assuming all the damages resulting from the ignorance of the communicated information.

5. If the notification is made by post, it shall be sent by registered letter with confirmation of receipt and shall be deemed to have been received by the receiver on the date specified by the receiving post office upon such confirmation.

6. If the notification is sent by email, it is considered received on the first working day after the day on which it was sent.

7. Verbal notifications shall not be taken into account by either party unless they are confirmed by one of the means stated in the before mentioned paragraphs.

 8. LITIGATION AND APPLICABLE LAW

a) This Agreement shall be governed by and interpreted in accordance with the laws of Romania.

b) Any claim, whether based on contract, tortious liability or other legal theory (including, but not limited to, any claim of fraud or misinformation) arising out of or in connection with this Agreement, including interpretation, its execution, violation or termination, unresolved through negotiations in good faith, will be resolved by the competent courts in Bucharest, namely the Bucharest District 1 Court and the Bucharest Court.

9. INTELLECTUAL PROPERTY RIGHTS

a) The materials used and the course materials are and remain the property of the Provider.

b) The Beneficiary does not have the right to record the courses or to use the respective captures/recordings, for any reason.

c) The services and supporting materials are the original work of the Provider and do not violate the rights of any third party of intellectual or industrial property, copyright, trade secret, license agreement, etc. and are not subject of any right of retention, preference, etc., and the participants and the Beneficiary will have the right to freely use the materials provided by the Provider, but strictly in connection with the object of this contract.

d) All intellectual property rights deriving from this contract belong to the Provider. All intellectual property rights over intellectual creations and / or patents obtained individually or in cooperation with the Beneficiary during the term of the contract, as a result of explicit or implicit entrusted tasks, such as those obtained by knowing or using the Provider’s specific resources or existing information in the company of the Provider, with or without the significant help of the Beneficiary, they will belong to the Provider, without this entailing an additional payment.

e) The Beneficiary does not receive any title or property rights, patents, copyrights or other intellectual property rights over the Confidential Information and any such rights will remain with the Provider for an unlimited period of time

f) The content of the Site, including but not limited to logos, stylized representations, commercial symbols, static images, dynamic images, text and/or multimedia content presented on the Site, are the exclusive property of Data Training SRL, which reserves all rights obtained in this regard directly or indirectly (through licenses for use and/or publication.

10. Important Cookies’ Policy

www.edatatraining.com does not utilize its own cookies, that is those generated directly from our Site.

10.1. Cookies-General Rules and Definitions

10.1.2 Cookies are small text files that are stored in the browser or on the hard disk of your computer or mobile device when you visit a web page or an application. The utility of cookies is bidirectional: firstly, cookies have the role of facilitating user navigation on the Site from the point of view of user preferences and, secondly, cookies, through the information they collect about users, are useful to the administrators of the Site so that the latter can make the use of the Site more efficient and create online advertising in relation to the user’s preferences.

10.2.2. There are different types of cookies. Some cookies come directly through the Site (not in the case of www.edatatraining.com, while others come from third parties, who place cookies on our Site, namely Google Analytics, Google AdWords, Facebook (Facebook Pixel), Hotjar and PureChat.

10.2.3. Cookies can be stored for different periods of time on browsers or on the devices. Session cookies are deleted from a computer or device once the browser is closed. Persistent cookies, however, will remain on the computer/ device until they are deleted or once they reached their expiration date.

10.3. Use of Cookies on www.edatatraining.com

• Google Analytics
• Category: Analysis
• Purpose: Web analytics
• Policy: https://www.google.com/analytics/terms/gb.html, https://support.google.com/analytics/answer/6004245

• Google AdWords
• Category: Advertising
• Purpose: Remarketing
• Policy: https://policies.google.com/privacy, https://policies.google.com/technologies/ads

• Facebook
• Category: Advertising
• Purpose: Remarketing
• Policy: https://www.facebook.com/privacy/explanation

• Hotjar
• Category: Analysis
• Purpose: Web analytics
• Policy: https://www.hotjar.com/legal/policies/privacy

10.4. Deactivation of Cookies

You can control and/or delete cookies, per your decision- for details, please review http://www.aboutcookies.org/. You can delete all cookies already stored on your computer and you can set most browsers to prevent their placement. If you do this, you may have to manually adjust some preferences each time you visit a site and some services and functionalities may now work

10.4.1. Deactivation of Browser Cookies

Through the browser you use, you may choose if you wish to accept or not Cookies. Moreover, you can delete cookies from the ‘Settings’ section of your browser. Refusal to accept Cookies does not mean that you will no longer receive/see online advertising.

• Enable/ disable Cookies– Google Chrome
• Enable/ disable Cookies – Internet Explorer
• Enable/ disable Cookies– Safari
• Enable/ disable Cookies– Mozilla Firefox

10.4.2. Deactivation of Third Parties’ Cookies

To deactivate cookies from third parties, we suggest you reviewed the Cookies’ Policy on these third parties’ web sites.

11. FINAL PROVISIONS

1. If any of the above clauses shall be found void or invalid for any reason whatsoever, such clause shall not affect the validity of the remaining clauses. Once the order has been placed and finalized, the customer accepts, without objection, the terms and conditions of use, the value of which shall be the same as a valid contract concluded between the customer and the Company.

2. Violation of the provisions of this document constitutes a breach of the Company’s rights and may entail the civil, misdemeanor or, as the case may be, criminal liability of the person at fault.

3. SC Data Training SRL reserves the right to modify these Terms and Conditions at any time by updating this page. It is the user’s responsibility to periodically review this section to stay informed of any changes. Continued use of the site constitutes user acceptance of any modifications