Terms and Conditions
General Business Conditions of www.leadmontessori.com Portal
In effect from 1 January 2018
These general business conditions (“GBC” or the “Conditions”) relate to webinars and other on-line education and on-line products provided by a provider to third parties through the www.leadmontessori.com portal. Upon finalizing an order, a buyer (the “Client” or the “User”) confirms that the Client has been informed of the current wording of these Conditions (GBC) and that the Client agrees to these Conditions.
- Fundamental Provisions
1.1. The provider of the Content is the company Montessori Institute s.r.o., with its registered office at Pod radnicí 3, Prague 5, 150 00, ID No.: 25434110 (the “Provider”).
1.2. The User (the Client of services) is an individual or a legal entity that has ordered or uses the Provider’s Content, as well as an individual or a legal entity that will finalize an order of services of the Content through an order form or in another manner that is available at the www.leadmontessori.com portal in order to make an order.
1.3. An order of the Webinar (the subject of services – the Content defined below) is binding. Immediately after making an order, the User will be redirected to a payment gateway of the company GOPAY s.r.o. that provides secured technology for accepting payment cards and making on-line bank transfers. The User will enter numbers of payment cards, credit cards, and passwords for electronic banking through the secured and trusted channel of the company GOPAY s.r.o. After the relevant amount is paid, a tax document will be issued to the User, and the User will be provided with access data.
- Subject of Services
2.1. The subject of services is the right of the User to access the Content in an electronic form.
2.2. The Content is available in the form of on-line data streaming. The User acknowledges that a high-speed internet connection is required for viewing the Content.
- Access to Electronic Content
3.1. Upon the payment of a price for a product (the subject of services), the User will acquire the right to access the Provider’s electronic Content for the single viewing of a webinar at the time when a webinar is currently held.
3.2 After the expiry of the time defined in item 3.1., services ordered are taken regardless of the fact whether the User has used services or has not. At the User’s request, the Provider may at its own discretion extend the time to access the Content to the User free of charge. However, a legal titled does not exist in relation to the prolongation of the time. A request, with a brief justification, has to be sent electronically to the following email: firstname.lastname@example.org.
- Rights and Obligations of User
5.1. The User has the right to use the Content to the extent defined in article 3.
5.2. Prior to the payment for the electronic Content, the User is obliged to test his internet connection. The User (the Client) is liable for the sufficient quality of connectivity and technical equipment (HW and SW), in the event of non-functioning/impossibility to use services for a reason of insufficient internet connection or non-functioning technical equipment, the User is not entitled to withdraw from the agreement or to receive the price of a product paid in relation to the Provider. The Provider is not liable for non-functioning of the Content caused by force majeure, accident, or outage of public telecommunication networks.
5.3. Prior to the start of using the Content, the User has to register as the user of the www.leadmontessori.com portal. This registration is free of charge, and it is used for the authorization of access to the electronic Content. If this registration is not done, the User may not be provided with access to the Content; in such an event, the User is not entitled to withdraw from the agreement or to receive the price of a product paid in relation to the Provider.
5.4. The User undertakes to observe rules stated in article 7. (Copyright).
5.5. The User has the right to withdraw from the relevant agreement within the term of fourteen (14) days from ordering the Content, if the User has not been provided with the Content. From the time of starting the provision of the Content, in accordance with provisions of Section 837 (a), (h), (i), and (l) of Act No. 89/2012 Coll., the User has no legal title to withdraw from the relevant agreement.
5.6. While ordering services, the Client is obliged to state true contact information for purposes of invoicing and communicating with the Provider, and to maintain said contact information updated during the whole time of duration of a contractual relationship with the Provider. The Client undertakes not to use anonymizers for accessing administration. If breaches of the above-stated obligations by the Client are found, the Provider is entitled to immediately terminate the provision of services/ to withdraw from the relevant agreement, and, in such an event, the Client is not entitled to financial compensation or the receipt of a price of product paid.
6.6. The Client is liable to the Provider for damage caused by programing errors of software installed that has been uploaded or installed by the Client within the use of services. If the Provider calls upon the Client to remove data uploaded by the Client that causes damage to program or technical facilities of a server, the Client is obliged to remove such data immediately; however, no later than within 12 hours after sending an email call to the Client. If the Client does not do so, the Provider has the right to unilaterally suspend the operation of services or withdraw from the relevant agreement without compensation in relation to the Client. The Client will be informed of suspending the operation of services through email.
- Rights and Obligations of Provider
6.1. The Provider must set access rights for the User no later than within three (3) business days after receiving the whole payment of the price of a product from the User on the Provider’s bank account.
6.2. The Provider has the right to terminate the User’s access to the electronic Content prematurely without compensation provided that the User has breached article 7. of these conditions. In such an event, the User is not entitled to withdraw from the agreement or to receive the price of a product paid in relation to the Provider.
6.3. Further, the Provider has the right to terminate the User’s access to the electronic Content without compensation in the following events:
6.3.1. Within five minutes, any video for one User is streamed to two and more different IP addresses.
6.3.2. On any internet website of third parties, the Provider’s video, containing the User’s personalized identification information, is placed.
6.3.3. The Provider finds the User’s attempts to affect technically the manner of playing videos.
6.4. The Provider may reasonably inform, e.g. in the form of advertising communication, the User of its other services while using the User’s email address, and the User provides his consent to such communication. The Provider is obliged to stop sending advertising communication to the User if the User informs the Provider of the above through an email message sent to the following email: email@example.com, or the User checks out from the Provider’s database through Smartmailing.
6.5. In the event of unavailability of the electronic Content, the Provider is obliged to prolong the time of accessing services to the User with the same time during which the Content has not been available. Apart from compensating the time during which the User has not had access to the Content, in the event of a server outage, the User does not have any title to financial compensation or receipt of the price of a product paid.
6.6. The Provider is entitled to deactivate services of the User who is in default in payment of any obligation due to the Provider that lasts longer than 10 days after a due date of the Provider’s invoice. The Provider has the right to completely terminate the provision of services to the Client if the Client is in default in the payment for services for the time that is longer than 30 days from the due date of an invoice. Upon the termination of the provision of services, the Client’s obligation to pay amounts owed to which the Provider’s legal title has been established does not cease to exist.
7.1. The Content is a copyright work of the Provider or third parties, and the Provider is entitled to further distribute the Content in a manner that is stated in these GBC. The User does not have the right to distribute such a copyright work (the Content) further through any electronic means or other communications or permit access to the Content to other persons.
7.2. The User agrees to the payment of a price for the Content provided that accessing and playing is not anonymous. The Provider records the IP address of each access to the electronic Content together with a username that is used for playing.
7.3. The User agrees to the fact that each electronic Content is personalized with the User’s name. Security features form the inseparable part of the electronic Content, in the event of unauthorized distribution, they will be used in a potential court proceeding within compensation for damage caused by breaching the Copyright Act.
7.4. The User undertakes not to download the Content paid to his hard drive or other off-line or on-line media specified for digital data storage. The User also undertakes not to make any audio or video recordings of the Content played. All such activities and activities of a similar nature are in conflict with these contractual conditions.
7.5. The User undertakes not to provide third parties with an internet address where the Content is placed.
7.6. The User undertakes to protect his access data. The User must not permit third parties to log in with his access data. If the User provides a third party with such access, then the User is fully liable for potential damage caused as if the User himself has committed such a misuse.
7.7. Protection of copyright also relates to all schedules of the individual parts of the Content. Schedules are provided only for private purposes, and it is prohibited to further distribute them to third parties.
- Final Provisions
8.1. Pursuant to Act No. 101/2000 Coll. on Personal Data Protection, as amended, the User agrees to the fact that the Provider stores in its database data entered by the User while ordering the Content and that the Provider is entitled to process such data for purposes of business relationships with the User. This consent is provided for the whole time of duration of a business relationship with the Provider, if a special act does not define a longer period.
8.2. The Provider undertakes to use the User’s personal data only for the Provider’s internal purposes and not to hand it over to third parties or not to permit access to it to third parties. The Provider undertakes to adopt all possible measures in order to prevent the misuse of the User’s personal data. In order to provide information of the type of data/ personal data on the User that is stored by the Provider, it is necessary to address the Provider by email at the following email account: firstname.lastname@example.org, and the relevant information will be communicated to the User. Upon the User’s request, the Provider will adjust data / the User’s personal data stored, so it is in accordance with the real situation.
8.2. If the individual provisions of the current contractual conditions (GBC) are or become invalid or vague, other provisions remain valid. The gap established in this manner will be replaced with a regulation that corresponds to the purpose and meaning of these conditions.
8.3. These GBC and the relationship between the Provider and the User are governed by the legal order of the Czech Republic.
8.4. Communication between the Provider and the User is carried out only in the electronic form through electronic mail (by the Provider through the following email: email@example.com, by the Client through email that is communicated for this purpose by the Client to the Provider within the relevant registration).
8.5. The Client agrees to send all accounting and tax documents issued by the Provider to the Client in an electronic form through email in the PDF format.
8.6. The Provider is authorized to unilaterally change these GBC at any time. The Client will be informed of this fact after the log-in in the User’s interface on the Provider’s website, with information included on the front page of the relevant administrative part, after the Client’s log-in. Upon issuing and publishing new/ updated GBC, the older wording of GBC is replaced automatically.
Montessori Institute s.r.o.