holiapp

TERMS AND CONDITIONS


These Terms and Conditions (The “Agreement”, “Terms”) regulates and controls any visit, access or use of www.holiapp.me (“Holiapp”, website” “site”, “Platform” “we” “us” or “our”) Website (Owned and Operated by “TCM BRAND Sp. Z o o”). When any person (each a “User”,” Customer”, “you”, “your”, “their”, “them” etc.) Visit, purchase any E-course or other services, access or use this Platform, deem to be your sole acceptance of these “Terms and Conditions” and our “Privacy Policy”. By visiting or using our Platform and/or any interaction with our service services, it will deem to be your sole acceptance of these “Terms and Conditions” and our “Privacy Policy”. 


These Terms apply to all users of the website, including without limitation users who are browsers, visit, Purchase any E-course and other services and contact or communicate with us, and/or contributors of content. Please read these Terms carefully before accessing or using our Platform. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Website or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.


We reserve the right to change these “Terms and Conditions” at any time without notice to you by posting changes on the www.hello”Holiapp”.com website or by updating our Platform to incorporate the new Terms and Conditions. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of our Platform after changes are posted constitutes your acceptance of the amended “Terms and Conditions”.


1. GENERAL TERMS


1.1 General Use: “Holiapp” is an eLearning platform specially designed for people or specialists who are interested to learn about the natural ways of helping themselves or others and can purchases courses. We are focusing on holistic medicine and personal growth. If you choose to use or visit “Holiapp” and any of the features of our Platform, it will deem to be your sole acceptance to abide by all of the terms of these “Terms and Conditions”. We may change, modify, add/or eliminate any portions of these “Terms and Conditions” at any time, which shall become effective instantly upon posting. The user should be concerned to review these “Terms and Conditions” prior to each use of our Platform and by continuous use of it will deem to be your sole acceptance to such modifications.


We operate our website and other software underlying and required for your use of the “Holiapp” and Its Services from the Poland. We make no representation that anything is appropriate, permissible or available for use outside the EU or Poland, and using our Platform from territories in which such use or the information available from such use is illegal, restricted or not permitted, is expressly prohibited. If you choose to access or use our Platform and its Services from or in locations outside of the EU or Poland, you do so, on your own initiative and are responsible for the consequences and compliance by you with all applicable laws, rules and regulations, codes of practice, licenses, registrations, permits and authorizations. Any access to our Platform and Its Services through your computer or mobile device or any other device you use to visit, access or use and for bringing these Terms and Conditions to the attention of all such persons. Use of our Platform does not include the provision of a computer device, mobile device or any other device or other necessary equipment to use or access it. 


1.2 Definitions:  

“Holiapp” - an internet platform operating in the domain www.holiapp.me(own and operate by “TCM BRAND Sp. Z oo”) also referred to as “Application”, “Website” or “Site” collectively the “Platform”, in this Terms and Conditions.

"Agreement" or “Customer Terms and Conditions” means these Master Terms and all materials referred or linked to in here.  

"Contact Information" means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service. 

"Customer Data" means all information that you submit or collect via the registration process and time of purchase of the course or Service. Customer Data does not include “Holiapp” Content. 

"Laws" means all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy and data transfer, international communications, and the exportation of technical or personal data.

 “OAuth” It’s an open-standard authorization protocol or framework that describes how unrelated servers and services can safely allow authenticated access to their assets without actually sharing the initial, related, single logon credential. It works by delegating user authentication to the service that hosts the user account, and authorizing third-party applications to access the user account.

Personal Data” means any information relating to an identified or identifiable individual where such information is contained within Customer Data and is protected similarly as personal data or personally identifiable information under applicable Data Protection Law. 

Services” means the E-courses offerd through the “Holiapp” Platform and other services outlined there.

“E-course” – means an online course developed by the organizer or trainer and which contains with digital content including but not limited to the video materials, audio materials  and didactic materials in PDF format and which is the subject  to the purchase and enrolled by the User or Consumer of the “Holiapp”

 “Course” - training or course being the subject of the contract for the provision of services between the Client and the Course Organizer;

"Course Fee" means the amount you pay for the E-course. 

"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription

“Registration form” - a form available in our Platform that allows you to create an account and access to the Dashboard;

“Account” - Electronic service or a Dashboard, marked with an individual name (login) and password provided by the Customer. Upon creating the Account, the Customer becomes the sole owner of the access data to the Account;

“User” or “Customer” - a natural person with full legal capacity, and in the cases provided for by generally applicable provisions, also a natural person with limited legal capacity or a legal person or an organizational unit without legal personality, which the law grants legal capacity - which has concluded or intends to enter into a contract with Holiapp.me and uses or intends to use at least one electronic service;

“Customer Panel or Dashboard” - an area in the Platform or Application where the Customer, after setting up an Account, can obtain information on the courses or trainings carried out, access the history of their training courses or courses, the possibility of changing the password, personal data and other additional information provided by the Customer;

“Trainer“- An instructor or Tutor, who is a legal or natural person and who are co-creating the E-courses individually or together with “Holiapp”  (the “Organizer”). 

“Organizer“-A natural or legal person who are the author or co-creator of the E-course . The organizer of the E-course is responsible for the reliability and substantive value of the knowledge and skills provided during the E-course. and are responsible for ensuring that the E-course does not infringe copyrights or other property rights of third parties.

“Electronic service” - a service provided electronically by Holiapp.me to the Customer via the Application;

“Regulations” - a document setting out the rules for using the “Holiapp”, general terms and conditions for concluding contracts, rules,policy, and the manner of providing services, including electronic services through the holiapp.me Application;

 “Publisher” – means the “Holiapp” platform, owned and operated by “TCM Brand Sp. z o .  o”; the authorized entity to publish and sell the E-course developed by the Organizer or Trainer

 “Regulations” - a document setting out the rules for using the Application, general terms and conditions for concluding contracts, rules and the method of providing services, including electronic services, by Holiapp.me;

“Business Day” - one day from Monday to Friday, excluding public holidays;

 2. USE OF OUR PLATFORM AND ITS SERVICES:


2.1 Services We Offer:  “Holiapp” is an eLearning platform specially designed for people or specialists who are interested to learn about the natural ways of helping themselves or others and can purchases courses. We are focusing on holistic medicine and personal growth. We are offering paid pre-developed E-courses through our Platform, developed and Organized by the specialized Institution or Trainer or Tutor or Instructor (the “Organizer”)


2.2 Who can Use Our Platform and E-Course: To use our platform or placing any order to us, you must be at least 18 years old or age of majority defines under your territory. No individual under these age limits may use the “Holiapp”, provide any Personal Data to “Holiapp”, or otherwise submit Personal Data through the Products (e.g., any name, address, telephone number, or email address).We reserve the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age or you have age of majority define under your territory and agree to provide true, accurate, current and complete information when prompted for such information.


2.3 Registration or Sign Up: To use our Platform or placing any order to our Platform or platform, you may need to sign up or register for an account to perform most activities in the “Holiapp”, including purchasing an E-course (You may also directly register for an account with us) To create an account, it is necessary for the you to provide  certain information such as your First Name, Last Name, Email Address, Phone Number, Mailing Address ( including but not limited to City, State, Country, Zip Code) or address, Date of Birth etc. We have optional o-authorization (OAuth) registration option with social media (i.e: Facebook, Google etc.)“plug‐in” tools. These tools may allow an automatic registration and a direct connection with those Networks servers through your browser and the registration information will be transferred to us by those Networks. If you access our services with your login credentials from those platforms, we may receive personal Data about you from such social networking platform, in accordance with the Terms and Conditions and privacy policy of those platforms.


2.4 Account and Password Usage: It’s important that the information associated with your account must be accurate and up-to-date. You are fully responsible for maintaining the confidentiality and security of any and all actions that take place while using your account and you must notify our Support Center right away of any actual or suspected scam, loss, theft, or unauthorized use of your account or account password. Under no circumstances you may share your account information with any other user or person. We are not responsible for any loss that results from unauthorized use of your email and password, with or without your knowledge.


2.5 Enrollment to the E-course: If any user or consumer wishes to enroll to any E-course they can do so by registration and setting up an account with us by filling in the correct, correct data of the Registration Form, it is necessary for the Customer to provide the following data: e-mail address, password, name and surname. Providing data is voluntary, but necessary to Purchase and use the E-courses. After getting access to the account or dashboard , they can purchase the E-courses and get  access to video materials and didactic materials in PDF format by clicking the "Buy E-course" field, and filling in the correct, consistent with the status the actual data of the purchase form, and  making an electronic payment using the PayU electronic payment system. In the Purchase Form, it is mandatory for the Customer to provide the following data: name and surname, telephone number. Providing data is voluntary, but necessary to use the provided E-course. The e-course includes access to video and teaching materials in PDF format for a period of 12 months from the date of purchase of the course. After this period, access to the course and teaching materials will be revoked.


2.6 Relationship Between the Organizer and Customer: If you choose to purchase any of such E-courses, Along with us , it will also create a contractual relation between you and organizer in relation to the  responsible for the reliability and substantive value of the knowledge and skills provided during the E-course and ensuring that the E-course does not infringe copyrights or other property rights of third parties. Before enrolled with any E-courses offer through our platform, the Customer will have option to contact the Organizer by electronic means, at the e-mail address provided on the selected website of the training or course, in order to determine the individualized features of the Service. As a result of determining the individualized features of the E-Course or Services, the Organizer may decide to add a personalized offer on the Platform and make it available to the Customer though our Platform.


2.7 Liability Disclaimer Regarding E-course: The Organizer of the e-course is solely responsible for the reliability and substantive value of the knowledge provided during the E-video courses and responsible for ensuring that the e-course does not infringe any copyrights or other property rights of third parties. Any questions or complaints related to the knowledge provided during the e-course should be sent to the e-course Organizer's e-mail address, which can be found in the "Have a question?" on the subpage of a given e-course. The use of knowledge gained from the e-course cannot replace professional medical care. You should not make any changes to your diet or physical activity without consulting your doctor, especially if you are being treated for cardiovascular disease, high blood pressure or diabetes. The publisher and the organizer of the e-course suggest contacting a doctor in connection with any health problems, treatment or determination of the necessary scope of medical care. The Publisher and Organizer of the e-course are not responsible for any adverse effects that may arise as a consequence of using the advice or information discussed or suggested during the e-course.


2.8 User Communications: By signing up or register an Account with us, you are opting in to receive communications from us regarding our products and services, including customer newsletters, special offers and exclusive discounts. You may opt out of these communications at any time by following the "unsubscribe" link at the bottom of any email. We may use email, live chat plugin and other forms of communication system as needed to communicate with our User.


2.9 Certificate: After completing certain E-courses, the user or customer will be eligible to receive a course completion certificate (hereinafter referred to as the Certificate). The condition for receiving the Certificate is to pay for the course, read the training materials and pass the exam online. Any E-courses that are not completed with an exam do not entitle the user or customer to receive the Certificate. There will have no additional cost to receives an electronic Certificate but if any user or customer wish to receive a printed copy of the certificate, they can request us to deliver them by paying an  is additionally amount of of PLN 20 (say: twenty zlotys) gross. The user or customer will bear the delivery and shipping cost.


2.10 Customer Reviews: Upon competition of the E-course the User or Customer may provide ratings and feedback (the “review”) on the E-courses. Every review from the customer can be viewed by any user and will remain viewable until the suspension or termination of the customer account with us. To the maximum extent permitted by law, we are not responsible for the content of any Review. By submitting review, you irrevocably grant to us the right to use the review in any and all forms of marketing and promotional material, whether now known or hereinafter developed, including, without limitation, publication, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. You certify to “Holiapp” that everything you stated in the Review is true and an expression of your personal belief.


2.11 International Users: Our Platform and its Service is controlled, operated, and administered from our offices within the Republic of Poland. If you access our Platform or any of its Service from a location outside the Republic of Poland, you are responsible for compliance with all local laws. You agree that you will not use or access OUR platform or its services in any country or any manner prohibited by any applicable laws, restrictions, or regulations. We operate the software underlying and required for your use of our Platform and its Services from Republic of Poland. 





3. PRICING, PAYMENT AND REFUND


3.1 Pricing: The price of the Service visible in the Application is given in Policy Zloty (PLN) and includes taxes (gross price). The Customer is informed about the total price including taxes for the Services that are the subject of the Order and about any other additional fees, and if the amount of these fees cannot be determined - about the obligation to pay them, the Customer is informed on the Application website when placing the Order, including when expressing by The Customer wishes to be bound by this Terms and Conditions and other Service Agreement with the Organizer.


3.2 Payments:  No payment information required to sign up and register to our platform. If you wishes to purchase any E-course or any other services, you can do so using PayU Payment Gateway and other payments methods we think fit to. If may choose to pay using your credit card or other way as accepted by PayU the Terms and Conditions regarding your Credit Card or other payment information will be conducted by the Terms of PayU you can find here https://payu.in/tnc . We don’t collect any credit card or other payment information from you. You further authorize us to use a PayU or other third party to process your payments. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Platform. You agree to promptly update your account and other information.


3.3 Taxes: The payment amount may include taxes and any other amounts described on our website. You are responsible for paying all Taxes, and all Taxes are excluded from any fees set forth in the applicable subscription order form. In no way we will have any liability for payment of Taxes.


3.4 Cancellation and Refund Policy: Any purchases of our E-courses or Services are non-refundable, except cancellation within 14 days from the order or as otherwise may be required by Applicable law. The Customer only have the right to cancel the course without giving any reason within 14 days of purchasing the E-course, unless the Customer has started to perform the course(e.g. downloading files from the server, playing videos, viewing PDF materials, or take an online exam). If the Customer has started to perform the course, he/she will not entitle to cancel the course and get any refund. Any cancelation of E-courses must be in writing and must be sent to or email or mailing address mentioned in this agreement. Upon recipient of any cancelation request from any customer we will but no later than within 14 calendar days from the date of receipt of such request will made refund to Customer using the same method of payment as used by the customer, unless the customer has expressly agreed to a different method of payment.In the event that your account or access to the E-course are suspended or terminated, there shall be no refund offered; however, your account will be cancelled and no further charges will be incurred.


4. GENERAL DISCLAIMER:

All information including these “Terms and Conditions” our “Privacy Policy” and other items contained in this website www.holiapp.me provided are accurate and subject to change without any notice. Under no circumstances we will be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the E-course or our services .If you obtain this website link www.holiapp.me or any information contained in this site in any other place or website which nature and availability are not controlled by us, we are not responsible for any type of express or implied, about the accuracy, reliability or availability regarding such containt or any other information and image or corresponding graphics on “Holiapp” for any purpose. Trusting on such information will be at your own risk. We will not be liable for any harm or damage, including indirect or considerable loss of data or interest arising out of or connecting with the use of www.holiapp.me. We reserve the right to edit, change, modify or update information on our website without any prior notice. We also reserve the right, in our sole discretion, to reject your access to all or any part of our Platform at any time, for any or no reason, with or without prior notice, and without liability.


5. COPYRIGHT, TRADEMARK AND OWNERSHIP:

5.1  Intelectual Property Rights or Copyright: All content including but not limited to logo, image, trademark, service mark, design, icon, graphic, video, content, courses, E-courses and all other information used on the “Holiapp” website or platform are legally owned by “TCM Brand Sp. z o. o.” and protected by The Polish Copyright Act,1994, and other copyright and trademark laws & treaties around the world. All such rights are reserved. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. No Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. You may download or print a copy of any portion of the content from our website, only for the personal or non-commercial or education use. You may not republish any of our content on any other place of internet or extranet or incorporate the information in any other database or compilation. Any other use of the content is strictly prohibited. Any personal or commercial use of any content, image, design, logo, videos, trademark, service mark or any other information inserted in this website is strictly prohibited to any unauthorized use. Any unauthorized use of such content, image, trademark, service mark, logo, icon, graphic, software and all other information appeared on our website, will deem to be the violation of  The Polish Copyright Act,1994, and other international  intellectual property law.


5.2 Ownership or Copyrights of E-course: E-courses are works within the meaning of the Act of 4 February 1994 Copyright and Related Rights. We will have the exclusive right to publish, sale of the E-courses. And upon publication of any E-course to our platform, the “Holiapp” will deem to be the copyright owner of such E-course. Each of the E-course organizer, learners or any user of our website declares that the E-course conducted by them does not infringe any copyrights or other property rights of third parties and as such may be published by “Holiapp”.  Upon purchasing we may grants the right to use the E-course ( ie to watch video materials and download PDF materials) , only to the buyer of the E-course. Upon purchasing the user or customer acknowledge and agreed that a) It is forbidden to share the E-course with third parties. b ) It is prohibited to provide access to the account to third parties. c) It is forbidden to perform public demonstrations or display of E-courses without the written consent from us d0 It is forbidden to use any materials or their fragments published on our Platform me and the video, audio and training materials in the form of PDF files provided as part of the E-courses without the written consent of us

6. DMCA POLICY


We honor and comply with Digital Millennium Copyright Act (“DMCA”). We will remove infringing materials under the Digital Millennium Copyright Act (“DMCA”) if properly notified that a User Submission infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of the material that you claim to be infringing, and a description of where the material that you claim is infringing is located on the Service, sufficient for “Holiapp” to locate the material;
  • 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 copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receiving any notice, we will investigate and take reasonable action with seven (7) days. And, in accordance with the DMCA, “Holiapp” has adopted a policy of, in appropriate circumstances, terminating your access that is repeat infringers of the intellectual property rights of others. We may also terminate your access, even based on a single infringement, at the sole discretion of “Holiapp”.


7. AVAILABILITY OF OUR PLATFORM AND E-COURSES SECURITY & ACCURACY

We make no warranty that your access to our Platform and E-courses will be uninterrupted, timely, or error-free. Due to the nature of the internet, this cannot be guaranteed. Also, we may occasionally need to carry out repairs, maintenance, or introduce new facilities and functions. Access to our Platform may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice. We may also impose restrictions on the length and manner of usage of any part of our Platform for any reason. If we impose restrictions on you personally, you must not attempt to use our Platform under any other name or user or on any other computer, mobile, or similar device. We do not warrant that our Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other codes that may affect any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to, or use of our Platform or you are obtaining any material from, or as a result of using, our Platform. We shall also not be liable for the actions of third parties. We may change or update our Platform and anything described in it without notice to you. If the need arises, we may suspend access to our Platform, or close it indefinitely.


8. PROHIBITED ACTIVITIES AND UNAUTHORIZED USE.

To use our Platform, and its Services, you must behave in a peaceful, civil, prudent and respectful manner at all times. Moreover, you will not and it is strictly prohibited to:

  1. Act like  specious manner by, among other things, impersonating any person;
  2. Harass or stem any other coustomer or user of “Holiapp” Website;
  3. Distribute "spam";
  4. "frame" or "mirror" any part of our Platform;
  5. use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser; 
  6. Use the E-course and other Services in any manner that damages, disables, overburdens, or impairs any of our websites or interferes with any other party's use of the Subscription Service; 
  7. attempt to gain unauthorized access to the E-course or Service; 
  8. access the E-course other than through our interface; or 
  9. Use the Subscription Service for any purpose or in any manner that is unlawful or prohibited by these Terms and Conditions. 
  10. Modify, adapt, sublicense, translate, sell, decompile or otherwise disassemble any portion of the “Holiapp” website or its content or any software used on our Platform, or motivate others to do so.
  11. Contains any private or personal information of a third party without such third party’s lawful consent;
  12. Use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from our Platform in connection with your use of our Website in accordance with this “Terms and Conditions”.
  13. Use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service.  
  14. Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  15. Act anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  16. Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  17. Develop or use any applications that interact with our Services without our prior written consent;
  18. Take part in any activity that in any way deemed to be void or illegal under any law.
  19. Facilitating or assisting a third party to do any of the above acts.

We reserve the right to suspend or terminate your access to our website, account and E-courses due to your violation of this clause.  Failure to enforce this clause in some instances does not constitute a waiver of our right to enforce it in other instances.  In addition, this clause does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.

9. LIMITATION OF LIABILITY:

The liability of “Holiapp” shall be limited to you or any other person for any direct, indirect, or special damages or losses resulting from the use of our Website. Our liability for breach of these "Terms and Conditions" shall be limited to you if such breach is related to the general use of our Website, Service offered by the Creator, and these "Terms and Conditions."

In relation to the access and use of our Platform and E-course:

  1. We reserve the right to restrict or limit its access or visibility or access to any users at any time.


  1. The liability of “Holiapp” will be limited to you or any other person for any direct, indirect, or special damages or losses resulting from the use or unable to use our Platform and its services.


  1. The liability of us shall be limited to you or any other persons for any direct, indirect, or special damages or losses of health or medical conditions, resulting from the purchase and perform the E-course.


  1. TheseTerms and Conditions will be limited to, if any loss or damage arises because of any theft of property belonging to the users or for any loss or damage, in which the Users have any contribution to such loss or damage.


  1. You acknowledge and agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal contents or conduct of any other parties or any infringement of any other’s rights, including copyrights. If you are dissatisfied with any of the terms of our “Terms and Conditions” or any other policy outlined in our website, the sole and exclusive remedy available to you is to discontinue using our Platform and E-coursers.


  1. In no event we will be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use , including, but not limited to, any errors or omissions in any content of the E-courses, or any loss or damage of any kind incurred as a result of the use of the E-course of any of the E-courses developed by the Organizer and trainer 


  1. To the extent permitted by law, our aggregate liability to you, whether for breach of these Terms and Conditions or in negligence or any other tort or for any other common law or statutory cause of action arising about these terms, the Site or the Content is limited to the resupply by us to you of the particular Service you bought from such other similar Service or us as we may choose.


  1. We reserve the right, in its sole discretion to investigate and take appropriate legal action against anyone who violates our “Terms and Conditions” and “Privacy Policy”.


10. PERSONAL DATA POLICY AND SECURITY:


10.1 Privacy: You can view our Privacy Policy which is linked at the bottom of every page. By using our Platform or our Services, all the policy concerning you or any of our website users will be conducted by our “Privacy Policy” inserted at the bottom of our website.

10.2 Customer’s Personal Information (“Customer Data”):  “Customer Data” includes any information or content submitted by Customer or its Authorized Users as part of the Services, including messages or files. As between us on the one hand, and Customer and any Authorized Users on the other, Customer will own all Customer Data. Subject to the terms and conditions of these Terms and Conditions, Customer (for itself and all of its Authorized Users) grants us and our third party Service Providers, a worldwide, non-exclusive, limited term license to access, use, process, copy, distribute, perform, export and display Customer Data, and any services created by or for Customer, as reasonably necessary (a) to provide, maintain and improve the Services for Customer or others, including as set forth in the Privacy Notice; (b) to prevent or address service, security, support or technical issues; (c) as required by law; and (d) as expressly permitted in writing by Customer. Customer represents and warrants that it has secured all rights in and to Customer Data from its Authorized Users as may be necessary to grant this license and We will use Customer Data in accordance with our Privacy Policy.

10.3 Sensitive Information: you acknowledge that our Platform and its services have not been designed to process or manage sensitive information and accordingly you agree not to use the subscription service to collect, manage or process sensitive information. We will not have and we specifically disclaim any liability that may result from your use of the subscription service to collect, process or manage sensitive information.

10.4 Processing User Data: As the Administrator of your Personal Data, we treated as confidential information. Processing of Personal Data shall solely be done in accordance with our Privacy Policy. You acknowledge that we have the right to collect, analyze and process data and other information relating to Customer’s usage behavior and the provision, use and performance of various aspects of the Services and related systems and technologies. You agree that we will be free to (a) use such information and data to improve and enhance the Services including but not limited to the implementation of the training service, Video E-course and for other development, diagnostic and corrective purposes in connection with the Services and other offerings, and (b) disclose such data in aggregate or other de-identified forms in connection with its business, in each case both during and after the term of these Terms and Conditions.

10.5 User Content and Feedback: If you provides any suggestions, comments, ideas, reviews, improvements, or other feedback or materials related to the Services or E-courses (collectively, “Feedback”), you hereby grants us a nonexclusive, royalty-free, irrevocable, perpetual right to use, display, disclose, publish, perform, reproduce, modify, license, transfer, distribute, and otherwise exploit such Feedback in any manner, including incorporation of such Feedback in updated Editions of our Services or E-courses or materials not licensed hereunder. You will be entitled to no compensation, attribution, or credit for, nor gain any right, title, or interest in or to, any materials as a result of such Feedback. In addition, we may analyze and share derivative insights from the Customer Data or User Data shared in our platform, provided that we do not share or process any of the underlying Customer Data.

10.6 Protection of Your Personal Data: We makes every effort to ensure the maximum security for the protection of your personal data ,during your presence in our platform and during the ordering process and processing of these data in connection with its implementation, as well as answering inquiries sent. We may process your personal data only to the extent necessary for the proper performance of the Order or Electronic Service, transfers or entrusts the processing of personal data to other entities only for the purpose and to the extent necessary for the proper and proper performance of the Electronic Service or the Order, for statistical purposes and analytical, customer satisfaction level research.

11. USER REPRESENTATIONS AND WARRANTIES:


By using our Platform, E-course or any of the services, you represent and warrant that: a) all information you submit through your registration is true, accurate, current, and complete b) you have the legal capacity, and you agree to comply with these Terms of Use, and you are not a minor in the jurisdiction in which you reside; c) you will not use our Platform and it’s Services for any illegal or unauthorized purpose, and (d) your use of our Platform and its services will be in strict accordance with these Terms and Conditions and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the Republic of Poland or the country in which you reside and (e) your use of our Platform will not infringe or misappropriate the intellectual property rights of any third party.


You acknowledged and agreed that we might suspend or terminate your access to E-course and use of our Platform and its Services if we have reason to believe that the information you provide upon registration or in any account update is untrue, inaccurate, not current, incomplete, or for other reasons in our sole discretion. You assume all responsibility and risk with respect to your use of the site and its services. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose.

12. SUSPENSION/TERMINATION OF ACCOUNT AND ACCESS TO THE E-COURSE:

You may terminate your access to our platform at any time, for any reason and remove your account by clicking on the "Delete Account" button in the "My Profile" tab in the User Panel ("My Space") or by sending an appropriate requests to the e-mail address kontakt@holiapp.me or in writing (by correspondence) to the following address: TCM BRAND Sp. z o. o., ul. Stanisława Kmity 19, 32-083 Balice. 


We may suspend or terminate your access to the E-course or account to our Platform at any time without prior notice, for any reason. Common reasons include improper use of the Service, misrepresentations, fraudulent activity, and activity that violate these Terms and Conditions and any provision of our Privacy Policy. We will not be liable for any damages or loss resulting from removing any User Content from the Site and/or the Service. We reserve the right to temporarily or permanently restrict or block access to the Site and/or the Service to any users who have had their access canceled. 


13. THIRD PARTY LINK:

Our website or Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources or for the content, products, or services on or available from those other websites or resources. Linking with that type of websites or resources does not intimate any affiliation with us of such websites or resources or the content, products, or services available from such websites or resources. Your sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.


14. LEGAL LIMITATIONS: 


As a condition of your use of this Site, you will comply with all Applicable Laws, Statues, Ordinances regarding your use of this Site and related activities. In addition, you will not use this Site in any way prohibited by these Terms and Conditions. Some jurisdictions do not allow some of the exclusions or limitations as established in these “Terms and Conditions” some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. Taby may plead these “Terms and Conditions” in a bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any complaint or otherwise in respect of this “Terms and Conditions”.

15. LEGAL COMPLIANCE

15.1 Governing Law And Jurisdiction: These Terms and Conditions and any dispute or claim arising out or in connection with our Platform, whereby we provide you E-course and other Services, shall be governed by and construed in accordance with the laws of the Republic of Poland and applicable law of the EU without regard to conflicts of law provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods and other international law which and where it applies and needs to enforce these "Terms and Conditions" and our "Privacy Policy". If any part of these Terms is deemed unlawful, void, or for any reason unenforceable, then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts. 

15.2 User Disputes Management: If there is any dispute, claim, or complaint about or involving the use of our Website it will be managed by our support first. If matters progress to a legal stage, our attorney will arrange a time to talk to the user. To the extent any complaint, dispute, or controversy regarding the use of our Website is not arbitrable under applicable laws, or otherwise, you and us  both agree that any claim or dispute regarding our Website will be resolved exclusively in accordance with these Terms and Conditions. Also, subject to this Terms and Conditions, any dispute, claim, or complaint between the Organizer and Customer will be managed by our support first.

15.3 Complaints: 

  1. All complaints related to technical problems regarding E-courses should be submitted to TCM BRAND Sp. z o. o. to the e-mail address: kontakt@holiapp.me or by phone: +48 502 380 358.
  2. All Complaints related to the substantive content of E-courses should be submitted directly to the tutor of a given E-course using the e-mail address provided in the description of a given E-course. Complaints may also be submitted indirectly to the e-mail address: kontakt@holiapp.me or by phone: +48 502 380 358 - then TCM Brand Sp. z o. o. will forward the complaint to the E-course tutor.

It is recommended that the Customer provide in the description of the complaint: information and circumstances regarding the subject of the complaint, in particular the type and date of the occurrence of irregularities and the Customer's request, as well as the contact details of the person submitting the complaint - this will facilitate and speed up the consideration of the complaint by Holiapp.me. The requirements set out in the preceding sentence are only recommendations and do not affect the effectiveness of complaints submitted without the recommended description of the complaint. The reply to the complaint takes place immediately, not later than within 14 calendar days from the date of its delivery or receipt to the e-mail address.

Detailed information on the possibility for the Customer who is a consumer to use out-of-court complaint and redress procedures and the rules of access to these procedures are available at the headquarters and on our Platforms of municipal) consumer ombudsmen, social organizations whose statutory tasks include consumer protection and Provincial Inspectorates of the Trade Inspection. The customer who is a consumer has the right to contact us or the Organizer in order to obtain assistance in exercising the rights to out-of-court redress.

16. YOUR REPRESENTATIONS AND WARRANTIES: 

You represent and warrant that (a) your use of our Platform, dashboard, E-course, or any of services will be in strict accordance with this Terms and Conditions and with all applicable laws and regulations, including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the Republic of Poland or the country in which you reside and (b) your use of our Platform will not infringe or misappropriate the intellectual property rights of any third party.


17. INDEMNIFICATION

You agree to indemnify, defend and hold harmless “Holiapp” and each of our affiliates, successors and assigns, and their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any losses, expenses, damages, costs and expenses (including attorneys' fees), resulting from your use of our Platform and/or any violation of the terms of these Terms and Conditions. You also agree to indemnify, defend and hold harmless Organizer, Trainer, Tutor or Instructor from any and all losses, expenses, damages, costs, and expenses.  We reserve the right to assume the exclusive defense and control of any demand, claim, or action arising hereunder or in connection with our Platform and all negotiations for settlement or compromise. You agree to fully cooperate with us in defense of any such demand, claim, action, and settlement or compromise negotiations, as requested by us.





18. MISCELLANEOUS: 


These miscellaneous provisions are part of just about every online “Terms and Conditions” to ensure its enforceability. You are agreed that no joint venture, partnership, employment, or agency relationship exists between you and “Holiapp” as a result of the “Terms and Conditions". We have the absolute discretion, to transfer or assign all or any part of our rights under these "Terms and Conditions” and shall have the right to delegate or use third-party contractors to fulfill our duties and obligations under these "Terms and Conditions” in connection with using our website and its services.


19. ELECTRONIC NOTICE: 


You consent to receive notices, including agreements, disclosures, and other communications, electronically from us at the email address you have provided. You agree that these electronic notices satisfy any legal requirements that such communications be in writing. A Notice is effective only upon receipt by the receiving party.


20. HEADINGS: 

The headings in these Terms are for reference only and shall not affect the interpretation of these Terms.

21. SEVERABILITY

 If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted, and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.


22. WAIVER: 


No failure or delay by either party in exercising any right under these Terms and Conditions will constitute a waiver of that right.


23. INJUNCTIVE RELIEF: 

You acknowledge that its material breach of these Terms and Conditions will result in immediate and irreparable damage to “Holiapp”, and that money damages alone will be inadequate to compensate “Holiapp”. Therefore, in the event of a material breach or threatened material breach of any provision of these Terms and Conditions by any user or Customer, we may, in addition to all other remedies available to “Holiapp” at law or in equity, obtain preliminary or permanent injunctive relief prohibiting such breach or compelling specific performance, in any court of competent jurisdiction, notwithstanding Section.

24. THIRD-PARTY BENEFICIARIES: 

These Terms and Conditions are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.


25. ENTIRE AGREEMENT: 


These Terms and Conditions document constitute the sole and entire agreement of the parties to these Terms and Conditions with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled.

26. CHANGE OR MODIFICATION:

From time to time, with the needs of any necessary circumstances, these "Terms and Conditions" can be edited, modified, or changed without any prior notice. Your regular use of this Site will indicate your consent to such changes. We reserve the right to change these Terms and Conditions at any time without notice to you by posting changes on the www.holiapp.me website or by updating our Platform to incorporate the new Terms and Conditions. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of our Platform after changes are posted will deem to be your acceptance to the amended Terms and Conditions.

27. OTHER TERMS:

Upon execution by purchasing, clicking "I agree" or emailing a statement of agreement, or on the reverse of this document, you agree that any individual, associate, and/or assign shall be bound by the terms of this “Terms and Conditions”. A facsimile, electronic, or e-mailed executed copy or acceptance of these “Terms and Conditions” upon purchasing with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.

28. QUESTIONS AND NOTIFICATION OF CHANGES

“Holiapp” have sole jurisdiction to provide an explanation of these “Terms and Conditions". Feel free to contact us at,


Address: TCM Brand Sp. z o. o., Winnicka 52,

  30-394 Kraków, Poland

Email: kontakt@holiapp.me

Phone: +48 502 380 358


FYI: Please note that 

  • The “Holiapp”, Terms and Conditions Statement was last updated on March, 2021.
  • “Holiapp” reserves the right to change this Terms and Conditions Statement at any time. Modifications to this Privacy Statement can be made without prior notification.
  • Continued use of the “Holiapp” websites signifies your acceptance of any changes to this Terms and Conditions.

 


Korzystamy z plików cookies, aby dostosować naszą stronę do Twoich potrzeb! Kontynuując wyrażasz na to zgodę, ale jeśli chcesz możesz zmienić ustawienia plików cookies

X