Terms and Conditions

Last Updated: 26.12.2023

 

INTRODUCTION AND ACCEPTANCE OF TERMS

Itop 2021 Ltd (the Company; collectively, “we,” “us”) provides you access to the Company Services (defined below) subject to the Terms and Conditions (T&C) described in this document and any other guidelines, rules or licenses posted in connection with any Online Courses (defined below).

This T&C also includes our Privacy Policy, incorporated by this reference.

By using any Company Service, clicking “I Agree”, registering a User Account (defined below), purchasing an Online Course, or by indicating your agreement to this T&C through a similar mechanism, you are agreeing to be bound by this T&C, including the policies referenced in them. If you do not agree to this T&C, do not use the Services. If you are under the age of 18, but at least 13 years of age, you represent and agree that you are an emancipated minor or possess legal parental or guardian consent to use the Services and are fully able and competent to enter into all of the conditions, obligations, affirmations, representations and warranties set forth in this T&C. The Services are not intended for, nor directed at, individuals under the age of 13 (or under the applicable age of consent in your jurisdiction); if you are under 13 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.

If your enrollment is paid for by your employer, different terms will apply to you. Please refer to Business Student Terms of Use.

NOTICE REGARDING DISPUTE RESOLUTION: These T&C contain provisions that govern how claims you and we may have against each other are resolved (see the Section entitled “Arbitration” below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

IN ADDITION TO THIS T&C, CERTAIN EDUCATION AND TRAINING PROGRAMS HAVE SPECIAL TERMS THAT WILL GOVERN YOUR ACCESS TO AND USE OF, AND PARTICIPATION IN, THAT PROGRAM (COLLECTIVELY “PROGRAM SPECIAL TERMS”). To the extent the terms set forth in this T&C are explicitly inconsistent with the Program Special Terms for the program you are enrolled in, those Program Special Terms shall apply. You understand and agree that your access to and/or participation in certain Services we offer may also be subject to additional requirements and/or policies (e.g., certain programs require an application for enrollment) and, that, if you do not meet the requirements or if you violate those policies, you may not use those Services.

By participating in any of our Online Courses or otherwise interacting with our Services, including, without limitation, through any communities, webinars, or other method or media used for the purpose of providing you the Service(s), you are also bound by Company’s Code of Ethics and Code of Community Conduct, which for purposes of this T&C constitute Company policies hereby incorporated by this reference.

 

SERVICES

The Company provides many services (each a “Service” and together the “Services”) through its International Training Opportunities Portal for Students, Trainees and Ordinary Pupils (ITOPSTOP) and website(s) located at itopstop.com, itopstop.org and itopstop.eu, as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any online education (collectively, the “Online Courses”) and related services, such as careers services, or any part thereof. For clarity, the Company offers certain Online Courses that are curated, specially designed, and produced. A verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), shall be awarded, in the sole discretion of the Educational Partner for the Online Courses, to Students (defined below) who have completed successfully the program including without limitation being in compliance with all the Company policies.

The Company may also offer Online Courses in partnership with accredited universities, VET providers and other educational organizations/institutions (so called “Educational Partners” or “Vendors”) whereby academic credit or certification may be offered solely by that Vendor. Please see the section of this T&C pertaining to Online Courses provided by Vendors below for specifics.

The Company may also partner with corporate sponsors and non-profit foundations and institutions who will sponsor or pay for Online Courses for Users or those companies’ employees/associated persons. Please see the Sponsored Services and Employee and Business Sponsored Access sections of this T&C below for further information.

The Company reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that the Company shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this T&C shall be construed to obligate the Company to maintain and support the Services or any part or portion thereof, during the term of this T&C.

The Company and the Educational Partners for the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that the Company and the Educational Partners maintain the right and ability to adapt, modify or revise the Online Courses as the Company and the Educational Partners deem appropriate.

ACCESS AND USER ACCOUNTS

Access: There are different ways in which you may access or use the Services. In each and every instance, you are only authorized to use the Services if you agree to abide by all applicable laws, rules, regulations, as well as this T&C. You may access the Services as:

• a “Visitor” (“Guest”), meaning a natural person (individual) who browses Service(s), including, without limitation, through a mobile or other wireless device without being registered.
• a “Student”, meaning a natural person (individual) who has created a User Account (defined below) registered and enrolled in and paid for access to an Online Course or other Company’s Service(s), content, and/or certification provided and who intends to complete the applicable program/course, including the homework assignments and exams, and other requirements related to this individual program/course.
• a “Business Customer”, meaning a legal person (organization/institution) that has accepted the Business Services Agreement to train its employees.
• a “Vendor”, meaning a legal person (organization/institution) that has accepted the Educational Partnership Agreement to provide Education & Training Services to Students.
• a “Lector”, meaning a natural person (individual) who has created a User Account and accepted the Educational Partnership Agreement to provide Education & Training Services to Students or whose User Account has been created and authorized by a Vendor to take certain actions that affect the Vendor’s Educational Content and the Vendor itself has accepted the Educational Partnership Agreement to provide Education & Training Services to Students.
• a “Co-lector”, meaning a natural person (individual) who has created a User Account or whose User Account has been created and authorized by a Vendor or Lector to take certain actions that affect the Vendor’s or Lector’s Educational Content.
  an “Affiliate”, meaning a natural person (individual) who has accepted the Affiliate Program Terms to promote the Company Services.
• a “Subscriber”, meaning a natural person (individual) who has accepted to receive interesting and useful news.

The term “User” refers to a Visitor, Student, Business Customer, Vendor, Lector, Co-lector, Affiliate, Subscriber or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any the Company community (e.g., administrators, moderators, volunteers, etc.).

User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Education & Training Services, you must select a login identification (“User ID”) and a unique user password (“User Password”) (collectively, a “User Account”). You agree that you will never divulge or share access to your User Account with any third party for any reason. You are solely responsible for maintaining the confidentiality of your User Account (especially of your User Password), which includes not sharing your User Password or letting anyone else access or compromise your User Account and restricting access to the Service from your compatible mobile device(s) and computer(s).

In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment in any Online Course, or a program, to the extent applicable.

MODIFICATION OF THIS T&C

Please note that we review our T&C from time to time, and that these T&C are subject to change. Any change, update, or modification will be effective immediately upon posting on our Website(s). If we make a material change to the T&C, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this T&C. Be sure to return to this page periodically to ensure familiarity with the most current version of this T&C.

VISITOR COMMUNICATIONS

If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.

STUDENT COMMUNICATIONS

Agreement to Receive Electronic Communications.

If you are Student or Lector, you expressly consent to electronically receive all communications, agreements, documents, notices and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

PRIVACY

In connection with your use of the Services we may collect, store, use, share, and/or process certain information about you and your interaction with our Services. For further explanation on how we treat information collected and received from you when you use the Services and/or participate in our Online Courses, please see our Privacy Policy.

ONLINE COURSES PROVIDED BY VENDORS

Account Access:

The Company may make certain Online Courses available to Students in partnership with, or on behalf of, its Vendors, your access to such Online Courses may be provided to you through your single User Account. You acknowledge and agree that any Online Course affiliated with a Vendor may be subject to terms, policies, and procedures of the applicable Vendor in addition to the Company’s T&C. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, a Vendor and are taking an Online Course for credit or certification through that Vendor, you acknowledge and agree that (a) the Vendor may have its own terms, policies, or procedures regarding your eligibility to participate in the Online Course, your continued participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or student records as they may relate to your participation and performance in the Online Course, and (b) your educational or student records are maintained by the Vendor, including for purposes of assigning credit or certification, and not the Company.

For Credit:

Any such credit or certification you receive for participation in Online Courses provided by a Vendor, may only be awarded directly by that Vendor based on its own policies and procedures, and you may be required by that Vendor to be registered or enrolled with the Vendor in order to receive such credit or certification. In no event will the Company has any authority or responsibility with respect to any award of academic credit or certification provided by a Vendor for any Online Course.

Not For Credit:

If you are not accessing, using, or taking an Online Course on the Company Websites provided by a Vendor, then, subject to your satisfactory performance determined in the sole discretion of the Company, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with a Vendor or convey academic credit or certification for any Vendor. You acknowledge and agree that lectors of any Vendor provided Online Course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution.

Vendor Online Course Payment:

Online Courses you purchase for academic credit or certification from a Vendor or for certification from the Company site are eligible for refund under terms specified in the section entitled “Payment Terms” below. If a refund is issued, you’ll no longer receive certification and associated services for the course, but can continue to access the free courseware when available.

SPONSORED SERVICES PURCHASES

If you access prepaid, gift, promotional, scholarship, or sponsored products or services for any Program or other Company prepaid or third party paid Services (“Sponsored Services”), the Payment Method will be authorized for the payment amount indicated. Services may then be activated by the eligible User by enrolling with us or through other means contractually executed with the Company.

Sponsored Services for any Program must be activated by the eligible User by enrolling with us within time-frame indicated, if any, in the applicable terms and conditions, and the User must accept our T&C upon enrollment. Applicants must choose their preferred Program and can apply only, so choose a Program which interests you and for which you are qualified. In addition, an enrolled user may disenroll or terminate and in such cases any refund will go to the original purchaser subject to the terms and conditions of the agreement between that purchaser and the Company. Refunds processed will go only to the original purchaser of the Sponsored Services and, in no case, will any refund be paid out to the User or recipient. You or any User receiving Sponsored Services may not access free trial periods or memberships for Sponsored Services shall be unavailable for Sponsored Services purchases. Certain Programs and promotions may also be excluded from the Sponsored Services program. Sponsored Services shall be solely for access for the period noted in the purchase documentation, purchase is solely for that Program noted in the purchase documentation, and may not be credited for any other Program. In the event that the Company exercises its sole right to modify or update this T&C with respect to activation and enrollment limitations for Sponsored Services and/or discontinue one or more of the Sponsored Services programs in accordance with the terms established with the applicable sponsor of the applicable Sponsored Services, , this will affect the Services.

EMPLOYEE AND BUSINESS SPONSORED ACCESS

If you access products or services for any Program or other Company pre-paid or third party paid memberships through your employer or other company you are otherwise associated with (“Business Customer”), your access to the Services shall be subject to the terms contractually executed with the Company and your employer or the associated company association (“Business Services”). Information related to your use of, and progress in, the Online Course will be shared with the Business Customer as set forth in our Privacy Policy. You also understand that the Business Customer, at its discretion, may limit, suspend, or terminate your use of all Business Services, such as access to Lectors, evaluation services, or records of Online Course completion.

To activate the Business Services the User must 1) register with the Company and/or enroll in the applicable Program and 2) agree to the Company’s T&C upon enrollment. Please note that the terms of your access, the length of the Online Course and your access to the Online Courses and related materials, as well as the other requirements, deadlines and term end dates, prerequisites, and FAQs for any Online Course or other Services offered through the Business Services may vary from those found on the published Online Course overview and FAQs set forth on the Online Course’s landing page for that Online Course or other information regarding other Services that are outside the Business Services. Refunds processed in connection with Business Services shall go only to the original Business Customer of the Business Services and no case will be paid out to the User. You or any User receiving Business Services may not access free trial periods or memberships for Business Services, Sponsored Services and other discounting shall be unavailable for Business Services purchases. Certain Programs and promotions may also be excluded from the Business Services program. Business Services shall be solely available for the access for the period noted in the purchase documentation for the Program(s) and/or Services agreed to and purchased by Business Customer under the agreement between the Company and that Business Customer. Business Services purchased for a specific Program or other Company Service cannot be credited to any other Online Course, Program, or other Company Service or for any User’s personal account. The Company reserves the right to modify or update this T&C with respect to activation and enrollment limitations for Business Services at any time and/or discontinue or modify the program or services related to a program. As a User enrolled through a Business Services, you acknowledge and agree that you may not request refunds, or other remedies from the Company as a result of the termination of any of the Business Services or access thereto, or of your access to the Company Services.

USER CONDUCT POLICY

As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple User Accounts, (c) reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this T&C; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use the Company’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts (“Add-ons”)); (g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (j) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.

In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):

• that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
• that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
• that violates the rights of other Users of the Services; or
• that violates any applicable law or otherwise advocates or encourages any illegal activity.

To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online Course provided by a Vendor with its own policy regarding student and/or employee conduct or a “Code of Ethics” those terms shall apply to you as a student and/or employee of such institution.

INTELLECTUAL PROPERTY RIGHTS

The Services are owned and operated by the Company and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the “Content”), are the property of the Company and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights.

The Company’s logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online Courses (“Marks”), are the property of the Company and are protected by the law. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of the Company.

From time to time, the Company may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the “Disclaimer of Warranties and Limitation of Liabilities” sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. The Company and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.

LICENSE TO USE THE SERVICES

Subject to your compliance with this T&C, the Company hereby grants you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download the Educational Content (as defined below) so that you may exercise the rights granted to you under the section entitled “License to Educational Content” below. You must abide by all copyright notices or restrictions contained on the Websites, in any Online Course, or in the Content. You may not delete any attributions, legal or proprietary notices on the Websites, in the Online Courses, or on the Content.

In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. The Company has no control and is not responsible for those third-party services as further described in the “Linking to Third Party Sites and Content” section below.

LICENSE TO EDUCATIONAL CONTENT

As used herein, “Educational Content” means a subset of the Content containing the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, tests, assessments, course landing page content, announcements and other educational materials and tools. Such Educational Content will be considered the “Licensed Material” under the terms of the CC License (as defined below).

The Company hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the “CC License”) provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.

Without limiting the generality of the terms of the CC License, the following are types of uses that the Company expressly defines as falling outside of the definition of “non-commercial”:

• (a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational Content, or (iii) any collective work that includes any part of the Educational Content;
• (b) the sale of access or a link to any part of the Educational Content without first obtaining informed consent from the buyer that the buyer is aware that the Educational Content, or such part thereof, is available at the Website free of charge;
• (c) providing training, support, or editorial services that use or reference the Educational Content in exchange for a fee;
• (d) the sale of advertisements, sponsorships, or promotions placed on the Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Educational Content, including without limitation any “pop-up advertisements”;
• (e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
• (f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.

USER CONTENT

The Company may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). The Company is not responsible for that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. The Company does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to the Company below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.

From time to time, the Company (or its third-party service providers on behalf of the Company) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to the Company through a Company website/portal or the website/portal of the Company’s service provider. In the event that the Company (or its service providers) makes such a request to you, the Company will grant to you a freely revocable, worldwide, non-exclusive, non-transferable, non-sublicensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to the Company (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to the Company); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to the Company’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the CC License, and any such license is given under this section and not under the CC License. In the event that you use any tools or other services of the Company’s service provider(s) in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such service provider in conjunction with such use (e.g., those terms found at http://www.universalsubtitles.org/en/terms).

With respect to any User Content you submit to the Company (including for inclusion on the Websites or Online Courses) or that is otherwise made available to the Company, you hereby grant the Company an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online Courses or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to the Company above shall be exclusive. The Company reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit the Company to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and the Company, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from Bulgaria or the country in which you reside.

With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Bulgaria or the country in which you reside.

FORUM, BLOG, AND WEBINAR SERVICES

You may be able to post messages to, and interact with other Users, the Company staff, or the Company service providers through User forums, webinars, or blogs within the Services, in connection with your participation in any Online Courses (each a “Forum”). Your use of these Forums is subject to and governed by this T&C. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by the Company in any manner (unless expressly stated otherwise by the Company) and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by the Company in any manner, though the Company reserves the right to do so at any time at its sole discretion in accordance with this T&C. You acknowledge and agree that any Services the Company provides to you via such Forums may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered “Content” under this T&C and is provided for educational purposes only.

SOCIAL SHARING AND THE COMPANY PROFILES

To the extent you utilize any features of our Service that allow for public and/or social sharing of Forum content, User Content, or Profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your such content to legitimate Users, and ask that potential employers keep your information confidential, we cannot guarantee that other third parties will not gain access to this database. Additionally, we cannot guarantee control of the use made of socially shared information by third parties who access information you’ve shared in our Profiles database. Once socially shared information, including, but not limited to, your Profile, has been disclosed, we are not able to retrieve it from the third parties who accessed it or ensure the destruction of it by those third parties.

You should not put sensitive information or other information you would not want made public, in the public part of your Profile or otherwise share that information socially. If you do include such information in the public part of your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct.

You also should be aware that the public part of your Profile or other information you share socially may be visible and/or monitored by your current employer if s/he has access to the Website(s). In addition, if your employer has sponsored or paid for your Online Course, your access to our career services offering may be disabled.

MONITORING CONTENT

The Company does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that the Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time the Company chooses to monitor the content, then the Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with the Privacy Policy. The Company may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who posted such User Content to the Service or to any other users of the Service.

USING ITOPSTOP AT YOUR OWN RISK

Anyone can use ITOPSTOP to create and publish content and add lectors and we enable lectors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use ITOPSTOP at your own risk.

We do not have any responsibility to review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not have any responsibility to exercise any editorial control over the content that is available on ITOPSTOP and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by a lector at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. ITOPSTOP has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.

When you interact directly with a student or a lector, you must be careful about the types of personal information that you share. While we restrict the types of information lectors may request from students, we do not control what students and lectors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We are not responsible or liable for any interactions involved between lectors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of lectors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

PRICE

The Company reserves the right to determine pricing for the Service. The Company will make reasonable efforts to keep pricing information published on the Service/Websites up to date. The Company may change the fees for any feature of the Service, including additional fees or charges, if the Company gives you advance notice of changes before they apply. The Company, at its sole discretion, may make promotional offers with different features and different pricing available to any of the Company’s customers. These promotional offers, unless made to you, will not apply to you, and we reserve the right to revoke a promotional offer in the event that we determine you are not eligible. Unless otherwise indicated, the fees charged by the Company or any of its third-party payment processors for the Service are inclusive of all value added taxes, goods and services taxes, duties, levies, or charges, as determined and applicable based on the tax laws in your country.

PROMOTIONS & DISCOUNT CODES

We may give you a promotional code or discount code (together the “Promo Code”) from time to time, which will reduce the price of an Online Course or a Membership plan on ITOPSTOP. The Promo Code(s) must be applied at checkout and cannot be applied retrospectively.

Each Promo Code will come with its own terms which will be made clear at the point of issue.

If a Promo Code has been issued to you, it is personal to you and cannot be transferred to any other person. If we believe it is being misused, not in line with our guidelines or we believe used fraudulently, we reserve the right to cancel the Promo Code.

The Promo Code cannot be transferred, sold or redeemed for cash or credit, and has no monetary value.

The Promo Code is only valid for the period of time specified in the terms of use or until the Promo Code has been used, when it will expire.

PAYMENT TERMS

By purchasing any of our Services and providing the Company with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by the Company through the Services, you must have Internet access and a current valid accepted payment method as indicated during the sign-up process (“Payment Method”). You agree to the Company, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Company Services as they become due. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. The Company does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.

One-time Purchases

The Company offers a billing option where users make a one-off payment for a product or service without additional or ongoing charges. This option keeps things simple for users. No additional payments, no need to subscribe, and set a reminder to cancel later. It allows customers to pay for what they need and move on. Your payment will be charged to your Payment Method immediately. With respect to your enrollment in any Online Course offered with the option to enroll, refunds are available for a period of fourteen (14) days after your payment or fourteen (14) days after the Online Course starts, whichever occurs later.

Membership plans

The Company offers a billing option where users make a one-off payment for a bundle of products or services, e.g. a membership plan that gives access to all Online Courses in Business Administration available on ITOPSTOP. With this option, refunds are available for a period of fourteen (14) days after your payment.

CANCELLATION & REFUND POLICY

First Fourteen (14) days Refund Window. Except as otherwise required by law or subject to contractual obligations, you have fourteen (14) days from your initial purchase to cancel your order and request a full refund. In order to cancel and request a full refund, within the first fourteen (14) days of your initial purchase, please write an e-mail describing your request to refund@itopstop.com.

Refunds: Other than stated above, you hereby acknowledge and agree that the Company will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid. We do not guarantee refunds for lack of usage or dissatisfaction. Only one (1) refund is permitted per Student. If you cancel your order, obtain a refund, and subsequently re-enroll, you will not be entitled to any additional refund or refund period.

Taxes. When you purchase any Service or product from the Company, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that the Company determines it is required to collect (“Taxes”). Please note that the Company will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize the Company to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold the Company harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.

Credit Card Billing. Credit card payments are processed by our third-party payment processor(s), including PayPal. By agreeing to this T&C, you agree to be bound by the Payment Provider’s Terms of Service. Any breach of those terms will be treated as a breach of these Terms. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Services as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.

IDEA AND FEEDBACK SUBMISSIONS; BUG REPORTING

Any ideas and/or feedback you may have regarding our Services may be submitted.

Please note, at this time we are not accepting unsolicited bug reports, and will not provide rewards or payment for such submissions.

SERVICES AVAILABILITY AND LIMITATIONS

You acknowledge and agree that the Company Services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that the Company, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses, such as access to Lectors, evaluation services, career services, records of Online Course completion, or other Company Services. You also understand that the Company may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS WEBINAR SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS T&C (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. THE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS T&C WILL NOT EXCEED THE GREATER OF TWENTY EUROS (€20) OR THE AMOUNT OF FEES RECEIVED BY THE COMPANY FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON AN ONLINE COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT THE COMPANY WOULD NOT ENTER INTO THIS T&C OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.

SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

LINKING TO THIRD-PARTY SITES AND CONTENT

The Websites and/or Online Courses may contain links to pages or content on third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. The Company does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. THE COMPANY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

INDEMNITY

You agree to indemnify, defend and hold harmless the Company, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of this T&C, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this T&C, (c) your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.

TERMINATION OF RIGHTS

You agree that the Company, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if the Company believes that you have (a) breached this T&C; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted Unauthorized Content to the Services; or (d) violated or acted inconsistently with the letter or spirit of this T&C or any applicable code of conduct, including, without limitation the Code of Ethics or Code of Community Conduct. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that the Company shall not be liable to you nor any third-party for any termination of your User Account or access to the Online Courses or Services. You also acknowledge that the Company may retain and store your information on the Company’s systems notwithstanding any termination of your account or the Online Courses as set forth in our Privacy Policy.

COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE

The Company respects the rights and intellectual property of others, and we ask our Users to do the same.

Procedure for Reporting Claimed Infringement

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Company’s Copyright Agent with a written “Notification of Claimed Infringement” containing the following information:

• a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
• a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
• an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.

The Company’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows: office@itopstop.com

Your Notification of Claimed Infringement may be shared by the Company with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to the Company making such disclosures. You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.

Repeat Infringers. The Company’s policy is to: (a) remove or disable access to material that the Company believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the User Account of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. The Company will terminate the User Account of any user that is determined by the Company to be repeat infringer. The Company reserves the right, however, to suspend or terminate User Accounts in our sole discretion.

Counter Notification. If you receive a notification from the Company that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide the Company with what is called a “Counter Notification”. To be effective, a Counter Notification must be in writing, provided to the Company’s Copyright Agent, and include substantially the following information:

1. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
3. your name, mailing address, and telephone number, and a statement that you consent to the jurisdiction in Bulgaria, and that you will accept service of process from the person who provided notification above or an agent of that person; and
4. your physical or electronic signature.

A party submitting a Counter Notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification.

Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to the Company in response to a Notification of Claimed Infringement, then the Company will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that the Company will replace the removed Content or cease disabling access to it in ten (10) business days, and the Company will replace the removed Content and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, unless the Company’s Copyright Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Company’s system or network.

False Notifications of Claimed Infringement or Counter Notifications. Any person who knowingly materially misrepresents (a) that material or activity is infringing, or (b) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the Company relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. The Company reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

ARBITRATION PROVISION

Legal Disputes and Arbitration Agreement 

PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

Initial Dispute Resolution. We are available by email at legal@itopstop.com to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Section above, then either party may initiate binding arbitration. All claims arising out of or relating to these T&C (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by United Business Clubs, Bulgaria, in accordance with UBC Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the UBC Arbitration Rules and Procedures. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these T&C, including, but not limited to, any claim that all or any part of these T&C is void or voidable. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in Sofia, Bulgaria. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.

Class Action and Class Arbitration Waiver. You and the Company each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

30 Day Right to Opt-Out. You can opt out of this agreement to arbitrate by sending a written request to legal@itopstop.com within thirty (30) days of first accepting these T&C, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section. Your request to opt-out of arbitration must include your (i) name, (ii) mailing address, (iii) email address, and (iv) express request to opt-out from the arbitration agreement set forth in this Section. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms and conditions set forth in these T&C shall continue to apply to your use of the Services.

Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in this Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in the competent Bulgarian court. The parties expressly consent to exclusive jurisdiction in Bulgaria, for any litigation. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

TRADE REGULATIONS

Accessing the Services from territories where the Services, or any content or functionality of the Services, or portions thereof, including, but not limited to, functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access, purchase, or use the Services, in any manner, you: (i) acknowledge and agree that you do so at your own initiative and at your own risk; and (ii) represent and warrant that you are doing so in compliance with all applicable laws, regulations and orders, including, without limitation, the laws of the United States, and the member states of the European Union and the European Free Trade Association, pertaining to the export, re-export, transfer or resale of products or the provision of services.

MISCELLANEOUS PROVISIONS

The Company may freely transfer or assign any portion of its rights or delegate its obligations under this T&C. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this T&C without the prior written consent of the Company. The Company makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of this T&C is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. The Company shall have no liability under this T&C to the extent arising from any failure of the Company to perform any of its obligations under this T&C due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within the Company’s reasonable control. The Company shall not be responsible for damage or other problems caused by any unauthorized change to this T&C made by way of hacking or cracking this page.

Any delay or failure on the part of the Company to enforce any rights under this T&C to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. This T&C constitutes the agreement between you and the Company relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by the Company or through a specific writing between you and the Company. Any notice which may be required to be given to us under this T&C may be sent to us by emailing to the following email: legal@itopstop.com.