Last Updated: MARCH 2023
This document (the "Terms") sets forth the terms and conditions that govern:
- the access to and use solely of our online platform available at https://courses.baeldung.com/ ("Platform" or "Site");
- your agreement to access the Course contents and receive the services provided by The Company in connection to the Courses and
- your agreement to use the Site and access the general Content of the Site (the "Services" or the "Content").
Please note that these Terms are a legal agreement between you, as a website user as described below, and TARNUM JAVA SRL, a limited liability company incorporated and existing under the laws of Romania, having its headquarters at Dâmbului Street no. 96, Sector 4, Bucharest, registered with the Trade Registry under no. J40/14103/2020 ("Company," "Us," or "We"), with respect to the access and use of our Platform, including the services provided by the Company.
Please carefully read these Terms as they contain relevant information concerning your rights and obligations. These Terms include various limitations and exclusions, defining the Company's liability in certain cases, determining the jurisdiction and authorities on matters of conflict resolution, as well as the applicable legislation to the Company.
Before you use the Platform or receive the Services, you will need to agree to these Terms. We are only willing to make the Services or the Site available to you if you accept all of these Terms. Otherwise, you may not access the Site or receive our Services.
1. OUR SERVICES
1.1.The Company offers specific software educational and training course materials (the "Courses"), described within the. Hence, the Company hereby grants you (in your capacity as a client) through the Services a limited, non-exclusive, non-transferable license to access and view the content of a Course for which you have paid all required fees, solely for your personal, non-commercial, educational purposes, in accordance with these Terms or restrictions associated with the particular content or feature of our Services. All other uses of our Services are expressly prohibited unless agreed otherwise.
1.2.Each of our Courses varies in terms of content, complexity, and length and is presented on our Site. Please make sure that you have carefully read the dedicated page of each program, which contains the relevant information regarding the curriculum and duration of the program. A hyperlink will be available on our Site and/or Platform that will redirect you to each such page.
1.3.Should you require more information regarding a Course you are interested in, we are available to present them by chat. However, we will not be able to change our offer of Services in relation to you once you have decided to acquire our Services.
1.4.The Courses can be downloaded from our Platform or from one of our partners The Company does not own any of the above platforms, and each corresponding set of terms and conditions are drafted by the third parties who own those platforms in accordance with their own distinct policies, which are not in the Company's control.
1.5.You agree that the Company is not responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising out of or relating to the use of the respective third-party platforms nor for any deficiency, interruption of service or any other event that may cause an interruption of your access to such third-party platforms.
1.6.We are offering Courses and educational information, writings, images, and/or other works (singly or collectively, the "Content," as detailed under Section 4 below) prepared by and owned by us in accordance with the intellectual property Section 4 below. The Courses are accessible through the Platform, and you must follow the schedule and specific requirements prepared by us in order to successfully complete our program and obtain the certification.
2. PRICE, PAYMENTS & REFUND POLICY
2.1.PRICE
2.1.1.The prices of our Services are those communicated by us on our Site and/or Platform and shall be communicated to you through an invoice issued to you by the Platform.
2.1.2.The price of our Services is listed and must be paid in USD.
2.1.3.We occasionally run promotions and sales for our Services, during which our Services are available at discounted prices solely during a set period of time.
2.2.PAYMENT
2.2.1.The payment for the corresponding Course in which you enrolled must be paid in advance, in full, before you can access the course unless otherwise agreed by us. You will receive the exact due date in the payment instructions communicated.
2.2.2.You agree to pay the fees for the content of the Courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment for those fees. We work with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information fully secure, according to industry standards. You understand and agree that we do not provide the respective services, and we cannot control them. We will not be responsible or liable for any claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses arising out of or relating to the use of the respective payment services.
2.2.3.We reserve the right to disable access to any content for which we have not received adequate payment.
2.3.REFUNDS
2.3.1.We grant refunds solely in limited situations, under the observance of the following terms, given that performance of Baeldung consists in granting full immediate access to the courses. Such performance is provided on the spot and it cannot be refunded by the Student.
2.3.2.If you receive a refund, all Product licenses are immediately terminated. As such, you agree to immediately stop using the refunded Product(s) and to remove all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, documents, presentations, and other resources.
2.3.3.We support a refund for a single course. After one refund is processed, no other refunds are permitted in case further courses are requested/paid, under no circumstance.
2.3.4.A refund request needs to be in relation to the material of the course before the student consumes more than 50% of the course material. If a combined course package was purchased, we reserve the right to process the refund of a single course.
2.3.5.A refund request cannot be processed for announced and under-development material with a determined and public release schedule.
2.3.6.In the case of the purchase of an incorrect course, based on a specific request, we shall replace the course and grant you the access to the requested course. A refund can be processed solely if there is no course that's appropriate.
2.3.7.Before processing a refund request, the student must first attempt to solve the issue via the support channel that is part of the course package. Also, the Student is bound to respond to emails and provide feedback after submitting a refund request. Baeldung is exempted from any liability resulting form a lack of response or feedback apart form the Student on a specific case.
3. RULES OF CONDUCT
3.1.You may not access or use the Content and Services for unlawful purposes. Your use of the Services and Content and behavior on the agreed platforms and communication channels must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
3.2.You agree that you will not and will not permit any third party to do, including but not limited to, any of the following: remove any copyright, trademark or other proprietary rights notices contained in or on the Site and Platform or other agreed online platform, or any part of it; modify, adapt, hack, translate, or reverse engineer the Site and Platform; use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or Platform or to extract data; attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose, unless we specifically consented to such conduct; upload, send, distribute or disseminate any content that could be in any way interpreted as defamatory, unlawful, fraudulent, obscene, harassing or objectionable; distribute any other harmful components such as, including but not limited to, worms, viruses, Trojan horses, corrupted files, defects, hoaxes; impersonate another person by any mean (e.g., by use of an email address, name, nickname or otherwise); access or use the our Services and the Site and/or Platform for the purpose of creating a product or service competitive with any of our products or services.
3.3.HONOR CODE
3.3.1.By enrolling in a Course, you agree that you will: (i) complete all tests and assignments on your own, unless collaboration on an assignment is explicitly permitted, (ii) not let anyone else use your username and/or password on the agreed platforms, (iii) not engage in any activity that would dishonestly suggest the successful completion of the Course.
3.3.2.If you are found in violation of the Honor Code, you may be subject to one or more of the following actions: having any certificate of completion earned in the Course or program withheld or revoked or termination of your use of any of our Services, other remedies provided by the law.
3.3.3.No refunds will be issued in the case of any corrective action for such violations.
3.3.4.Honor Code violations will be determined at the sole discretion of our staff. You will be notified if a determination has been made that you have violated this Honor Code, and you will be informed of the corresponding action to be taken as a result of the violation.
4. INTELLECTUAL PROPERTY
4.1.The Company is a company that enables people anywhere to access educational-specific content (Courses and additional Content) and does not operate as a marketplace. This means that while we are using third-party technology to share content with you, the Course materials are owned by us exclusively, and we offer a license to access the content to our customers.
4.2.As a customer, when you access our Courses or Content of the Platform, you are getting a license from us solely granting access to the content of the Services solely for your personal, educational purposes, and we act as licensors; therefore, the Content is licensed, and not sold to you. This license does not give you any right to resell the Content in any manner (including by sharing account information with a purchaser or illegally downloading the Content and sharing it on torrent sites).
4.3.Unless otherwise indicated by us, all elements of the Platform, all Content, and other materials provided by us throughout the program you enrolled in are owned by us (or, as applicable, our licensors) and are protected by intellectual property rights. For the avoidance of doubt, the visual interfaces, design, text, graphics, pictures, systems, information, data, methods, software, computer code, organization, services, all other elements, and any other documentation or other ancillary material provided to you (the "Content") are owned by us or, as the case may be, by our licensors and are protected by copyright, patents, trademarks, design, trade secrets, any other intellectual property rights, and applicable law.
4.4.You can use the Platform and its Content solely for personal, non-commercial, and educational purposes. You can use the Platform solely for the purpose of attending the Courses and completing the program offered by us. However, you are not permitted to: (i) use the Platform or the Content other than for their intended purposes; (ii) use any data mining, robots, or similar data gathering or extraction methods; (iii) sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Site, Platform or the Content (including, without limitation, the Courses and the general content); (iv) modify, alter or otherwise make any derivative uses of the Platform or the Content, or any portion thereof, except as expressly permitted under these Terms.
4.5.Any use of the Platform or the Content other than as specifically authorized herein without the prior written permission of The Company is strictly prohibited. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws. Unless explicitly stated by The Company, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by implication or otherwise.
5. PERSONAL DATA
5.1.Please refer to our Privacy Policy for information on how we collect, use, store and disclose your personal data, available at https://courses.baeldung.com/pages/privacy.
6. LIABILITY & INDEMNIFICATION
6.1.If you behave in a way that involves our accountability, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless The Company, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) your use of the Services (b) your violation of these Terms, or (c) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
6.2.You are fully liable for the observance of our Intellectual Property rights, and in case of a non-observance of clause 4.5 above, you are required to compensate the Company for the entire damage caused by its breach, whether the breach caused foreseeable or unforeseeable damage. In this case, the damage shall amount the indirect damage, as well as the expenses incurred in order to mitigate the consequences of the breach.
7. DISCLAIMERS
7.1.By using the Services, you may be exposed to content that you may consider offensive or objectionable. The Company 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. You assume full responsibility for the choices you make before, during, and after your access to the Services and Content.
7.2.When you use our Services, you may find links to other websites that we do not 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. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from the use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don't allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
7.3.We may decide to cease to make available certain features of the Services at any time and for any reason after you were provided with the Services to which you were granted access. Under no circumstances will the Company or its affiliates, suppliers, partners, or agents be held liable for any damages due to such interruptions or lack of availability of such features.
7.4.We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
7.5.To the extent permitted by law, our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred USD (USD 100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
8. DURATION, SUSPENSION, OR TERMINATION
8.1.In case you become a customer by performing a Course, our agreement shall be binding until you complete the program in which you have enrolled in. However, the termination of our agreement in any of the ways set out herein shall not have any effect on the obligations already due between you and The Company, nor on the obligations that are intended to take effect after the termination of the agreement generated by these Terms.
8.2.We may also cancel, suspend, block or eliminate certain types of Content in case the respective Content breaches the provisions of these Terms.
8.3.We have discretion in enforcing these Terms. We may restrict or terminate your permission to use our Content and Services or ban your accounts at any time, with or without notice, for any violation of these Terms, including but not limited to the following situations:
8.3.1.if you fail to pay any fees when due or for fraudulent chargeback requests;
8.3.2.upon the request of law enforcement or government agencies;
8.3.3.non-observance of the intellectual property rights in clause four above;
8.3.4.for a breach of the Rules of Conduct and the Honor Code in clause three above;
8.3.5.if we suspect that you engage in fraudulent or illegal activities or for any other reason in our sole discretion.
8.4.Upon any such termination above, we may delete your account, and we may prevent you from further access to the platforms and use of our Services. You agree that we will have no liability to you or any third party for the termination of your account or blocking of your access to our platforms and services.
9. OTHER
9.1.ASSIGNMENT
The Company may assign these Terms and/or any and all of its rights or delegate any and all of its obligations under these Terms without your consent. All provisions contained in these Terms shall extend to and be binding upon you and the Company's successors and assignees. You may not assign these Terms or any of your rights and/or obligations under these Terms to another person or entity. For clarity, you may not assign your access to the Services derived out of your capacity to any third party.
9.2.SEVERABILITY
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
9.3.LACK OF ENFORCEMENT
Enforcement of these Terms is solely at our discretion, and our failure to enforce any of the provisions in some instances does not constitute a waiver of our right to enforce such provisions in other instances.
9.4.INTERPRETATION OF TERMS
The language in these Terms will be interpreted as to its fair meaning and not strictly for or against any party.
10. GOVERNING LAW AND JURISDICTION
10.1.These Terms will be governed by and construed in accordance with the laws of Romania. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in Bucharest, Romania, and the parties irrevocably consent to the personal jurisdiction and venue there.
10.2.No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
10.3.Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested or email (by us to the email associated with your account or by you to [email protected].
11. SURPRISING TERMS
11.1.By accepting these Terms, you expressly consent and agree to the provisions regarding limitations of liability (clauses: 1.5, 2.2.2, 7.1-7.5) and choice of law and jurisdiction (clause: 10) and you fully agree that these Terms and Conditions shall not be interpreted as surprising or abusive terms under the Romanian Civil Code.
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Should you require any further information regarding the Terms and Conditions above, please contact us at [email protected].