TERMS AND CONDITIONS

1. PRESENTATION AND DEFINITIONS

   1. The website www.trainlot.com is owned and operated by Trainlot S.R.L., a Romanian legal entity, with its registered office in Cluj – Napoca, 11 Cătinei Street, Cluj county, registered with the Trade Register Office under No. J12/310/2018, Tax ID 38775870, hereinafter referred to as the holder of the site.
   2. Through the website, the holder shall promote its activity, products and product and services sales, i.e . e-Learning licences (referred to as products), enabling users to inform themselves about them, to upload content to the platform abd interact with other users. At the same time, the possibility of subscribing to receiving periodic information (news-letter) is ensured through the website.
   3. The following terms will be defined as follows:
      • User – any adult natural person (aged 18 years)/ Commercial entity who is registered at any time on the site or accessing the content of the site, being interested in the services of the site owner, whether or not placing an order for buying the products accessed. The user may subscribe to the receipt of periodic information (newsletter) and undertakes implicitly to comply with this set of rules, being liable for his actions on the site;
      Two categories of users are defined within the site as follows:
      • temporary user/guest – any adult natural person (aged 18 years of age)/Commercial entity who is registered at some time on the site to interact in specific site activities at the invitation of an existing subscriber user from the site;
      • Subscriber user – any major natural person (aged 18 years of age)/Commercial entity who is registered at a time on the site as a full user, receiving the right to create and perform site-specific activities using the infrastructure provided by it. The Subscriber user may invite other adult (aged 18 years) or commercial entity (temporary/invited users) to the activities created/generated in the site.
      • Service – Providing the user with access to the content of the site and the products marketed through the site according to the user's options. Access to the full format of the products is subject to a cost, being conditioned to provide all information to make the payment online with the bank card or by sending an SMS via the mobile phone. For access to the service and the payment of the user will provide all the data requested by the payment integrator who processes the payments online, as well as the data required to issue the tax invoice by the site holder.
      • Order – An electronic document which intervenes as a form of communication between the site owner and the user through the site, whereby the user transmits the intention to access the products/services that are available on the site.

2. USER REGISTRATION

   1. To access exclusively the presentation sections on the site, no user registration is required.
   2. To access activities as temporary users/invites (participants) you must provide the following data as appropriate: name and surname or a nickname or an email address for identification and authentication in the site.
   3. In order to fulfill activities as subscribers (for identification and authentication in the site) you must provide the following data as appropriate: name and surname or company name, postal address and an email address. The email data on the contact person and the telephone number will be provided only if the subscriber is a commercial entity.
   4. If you want to enjoy any of the services offered on the website www.trainlot.com, you shall oblige and warrant the following:
   • Provide real, accurate and complete data about the user as required by the site registration form;
   • Manage or update the registration data that has undergone changes (e.g. name, surname, postal address or email address; Contact details and telephone number will only be provided if applicable to commercial entities) in order to be accurate and complete.
   5. Site Administrators reserve the right (not the obligation) to verify the authenticity of users' registration data relating to their existence, and in the case of commerical entities the company name, headquarters, unique registration code, registration number at the trade register, as well as the current state of the company, if it is in operation, is dissolved or radiated. By accepting The terms and conditions, the user consents to any checks that will be carried out by the site administrators as a safety measure for the accuracy of the data provided.
   6. If the information made available by the user is inaccurate or non-compliant with those requested by the law enforcement bodies, the site administrators reserve the right to suspend or delete the user's account in question and to refuse current or future attempts to use the site.
   7. By accessing the site and the services provided, the user guarantees that only correct data is provided to the owner of the site and that the user is solely responsible for the information provided. In view of the fact that through the site its owner provides the user with digital content which is not delivered on a physical platform, and the supply begins at the request of the user expressed by registering his data on the site, the user will lose the right to withdrawal after accessing the services provided through the application and accepted its terms.

3. USER OBLIGATIONS. INTELLECTUAL PROPERTY

   1. The use of the www.trainlot.com website shall be permitted in accordance with the principles of good faith, for information and for the provision of the products and services referred to in article 1 above.
   2. All representations, graphic creation, logos and associated symbols and combinations with any word or graphic symbol, photographs, audio-video materials, content used on this site, are the exclusive property of the site owner or he has acquired the right to use them, except the information and graphical elements registered by users, as well as the graphical signs belonging to other entities.
   3. Users may not retrieve the content of the site, may not intervene, modify or delete its content (text, images, logos, etc.). Any violation of this rule is a violation of copyright, trademark or any other intellectual property right.
   4. Copying, multiplying, distributing, archiving or storing, by any means, carried out for commercial purposes of the materials existing on the site are not permitted.
   5. If there are sections in the site where users can insert comments and express personal opinions, images or other elements which are likely to be protected by intellectual property rights, the liability for their content shall be exclusive to the users concerned.
   6. By accessing the site and using the services provided, the user accepts that all information, data, text, messages, files, etc. that they upload to the site (hereinafter referred to as "content"), regardless of whether they have been displayed/transmitted publicly or individually, are its responsibility. As a result, the user is alone responsible for the information, texts, materials posted/uploaded/transmitted through the account, and at the same time is alone responsible for copyright compliance with the content, as is copyright defined and protected by law. Site holders do not perform a control and thus do not guarantee the reality, integrity and quality of the content or copyright protection.
   7. The user undertakes not to use offensive or indecent content within the site.
   8. The user agrees not to use the space and services provided on the site for:
      1. Transmitting any illegal, defamatory, offensive, threatening, abusive, obscene content that affects the privacy of another person, urges racial, ethnic hatred or otherwise offensive.
      2. Fake the identification data in order to deceive the owners of the site.
      3. Post, disseminate or transmit content in breach of a registered trademark, copyright or other intellectual property rights of a third party.
      4. Infringing any law or other normative act in force.
      If a user violates the legal provisions in force or the regulations applicable to legal relationships born by accessing the site's services or facility, he/she may respond according to the law. At the same time, if a user infringes the provisions of these Terms and conditions of the site in particular the prohibitions referred to in article 3.8, the holder of the website may withdraw the right to use the facility and services made available on the site. In this respect, the website holder will send an email to the user about the measure taken.

4. ORDER

   1. The User can place Orders on the www.trainlot.com Site, by checking the option regarding accessing the desired Services, following to complete the Order by making the payment through one of the expressly indicated methods (online payment by card). Once the option for a product is expressed, it is available for purchase as long as the terms and conditions presented on the site are met. The option for a certain product, in the absence of completing the Order, does not entail the registration of an order, implicitly nor the granting of the right of access to the product
   2. The owner of the site may cancel an order placed by the User, following a prior notification addressed to the User, without any subsequent obligation of any party to the other or without any party being able to claim damages from the other in the following cases:
      1. non-acceptance by the issuing bank of the User's card, of the transaction, in case of online payment;
      2. invalidation of the transaction by the card processor approved by the site owner, in case of online payment;
      3. the data provided by the User on the Site are incomplete and / or incorrect;
      4. for accidental errors on the site regarding the presentation of the products / services or regarding their price.

5. BILLING – PAYMENT

   1. The prices of the Services displayed on the website www.trainlot.com include VAT according to law.
   2. The price, the payment method and the payment term are specified in the presentation of each product / service and in the Order. The owner of the site issues to the User an invoice for the delivered Services, the User's obligation being to provide all the information necessary to issue the invoice in accordance with the legislation in force.
   3. The owner of the site will send to the User the related invoice exclusively in electronic format, by adding the invoice in the User's Account or by e-mail, to the e-mail address mentioned by the User in his Account (in the case of the User's option).
   4. For a correct communication of the invoice related to the Order, the User has the obligations to update whenever necessary the data from his Account and to access the information and documents related to each Order, existing in the Account.
   5. Through this way of communication, the User, accessing his Account, will keep a record of the invoices issued by www.trainlot.com, being able to save and archive them in turn at any time and in any way he wishes.
   6. By sending the Order, the User agrees to receive the invoices in electronic format by adding them by www.trainlot.com in the Account or by e-mail, to the e-mail address mentioned when creating the account
   7. If this information is unavailable for more than 48 (forty-eight) hours in the Account, please notify us by e-mail: contact@trainlot.com
   8. The owner of the site www.trainlot.com will not store or have access to any payment card information.
   9. Trainlot uses Stripe (www.stripe.com) for payment processing services. By using Stripe, the user agrees to the Stripe Terms of service.
   10. In certain cases, in order to maintain the security of the Transactions, when registering the Order, the User will be asked to authorize the payment by re-entering the password related to the Account.
   11. For security reasons of the Transactions the User is advised not to remain logged on to the Site and not to set the option of automatic login on mobile devices. Disclosure of the account access password is not allowed.

6. SITE CHANGES

   1. The holder of this site reserves the right to modify or discontinue, temporarily or permanently its operation and or the provision of services/products, in whole or in part. In this case, the holder shall not be liable for any modification, suspension or interruption of access to the site and the information or products available at any given time through it.
   2. Such modifications shall be deemed to be accepted by the user if he/she continues to use the service and access his account after they have been placed on the site.

7. LIABILITY

   1. The Trainlot platform will operate using modern infrastructure and procedures designed to optimise the services offered, in terms of quality and security.
   2. The user expressly declares that they accept the following conditions:
      1. The use of the services made available on the site is made on the user’s own responsibility. The site holder is expressly except from any liability, including, but not limited to, indirect warranties of sale or compliance with specifications for a particular purpose.
      2. The site holder does not provide any guarantee that:
         • The services fulfil all user requirements;
         • The services will be uninterrupted, timely, secure or error-free;
         • Program errors will be corrected.

8. LIMITS of LIABILITY

   1. The User expressly accepts that the site holder is not liable for direct, indirect, incidental, special damages or damage, including, but not limited to, loss of profit, possibility of use, data or other intangible or immeasurable losses resulting from:
      • Use or inability to use the www.trainlot.com services;
      • Unauthorized access to or deterioration of user transmissions or data;
      • Statements or actions of a third party on the site;
      • Any other problem related to the services of the site.
   2. In any event where the site holder 's liability is to be taken, the user expressly accepts that it will be limited to the amount of the annual subscription paid by the user.

9. NOTIFICATIONS AND COMMUNICATIONS

   1. Notifications/Communications addressed to users shall be made electronically by e-mail at the address indicated by the user when creating the account.
   2. The site holder may transmit notices regarding the change of terms of use or other issues by displaying reminders to users in general, on the site.

10. FORCE MAJEURE

    1. The holder of the www.trainlot.com site shall not be obliged to comply with the obligations laid down in the terms of use as a result of a cause beyond its control, including but not limited to forced events, adverse weather conditions, other actions or inactions that the site administrators are not responsible for.

11. APPLICABLE LAW

    1. By accessing this website, the user accepts that the contract and any dispute relating to him are governed by and interpreted in accordance with the Romanian laws and the user admits to obey the exclusive jurisdiction of the competent Romanian courts.
    2. The holder of the www.trainlot.com site does not provide the guarantee that the content of this website is subject to the laws (including intellectual property) to other countries outside Romania. If the user accesses this site from outside Romania, he/she does so at his own risk and is alone in charge of respecting the laws of the country in which he is located.

12. FINAL CLAUSES

    1. These Terms and Conditions govern users access to the site, represent the agreement of the parties and govern the users’ use of the www.trainlot.com services, replacing any previous agreement between the user and the administrators of the site.
    2. If, following the launch of the site and the publication of these terms, additional functions or services made available on the site will be implemented, they shall be subject to the same rules and conditions contained in these clauses, if they do not benefit from the conditions distinct from these provisions.

By accessing this website you accept the above conditions and agree that it has value of a contract, tacit accepted, between the user and the holder of the site. If you do not wish to comply with the rules described above, please do not use or access the information or services provided on this site.