Terms and Conditions of Use
General Terms
1.1. This Terms and Conditions document (referred to as “Terms and Conditions”) constitutes a legal agreement between TCH13 Ltd, as the Seller, and an unlimited number of interested parties for the provision of information services, as well as for the purchase of books, audio and video recordings provided in electronic form in various formats, according to the information published on the Seller’s Website.
1.2. In the event that a person agrees to these Terms and Conditions, he/she accepts these Terms and Conditions as a Buyer under this document.
1.3. The Buyer, by paying for the Service, hereby explicitly declares to the Seller that the information obtained under this Agreement will be used for personal purposes and not for commercial purposes or profit by the Buyer and will not be transferred to other entities or individuals for commercial purposes.
1.4. The relations within this document are governed by the Bulgarian legislation in the field of consumer protection in accordance with the requirements of the Consumer Protection Act, the Copyright and Related Rights Act, the Electronic Commerce Act and Regulation (EU) 2016/679 of the European Parliament and the Council from 27.04.2016 on the protection of individuals with regard to personal data. According to Article 4, point 9 of the Regulation, TCH 13 Ltd. is a recipient of personal data in view of the company’s business activities.
1.5 By accepting these Terms and Conditions, the Buyer confirms that he/she is a natural person acting on his/her behalf and has sufficient authority and full legal capacity to accept these Terms and Conditions.
1.6. In these Terms and Conditions, unless the context otherwise requires, the following terms and definitions shall have the following meanings and shall form an integral part of it:
Acceptance of the Terms and Conditions – full and unconditional acceptance by the Buyer of the terms of this document by registering on the Seller’s Website and/or making advance payment for the provision of the Seller’s Services, or the purchase of Goods on the Seller’s Website, or the actual use of any of the Seller’s services or materials.
Webinar (remote seminar) – an online seminar organized through the use of web-based technologies in live broadcast mode, the purpose of which is the provision of Information Services or Information Products.
Webinar Video Recording – a recording made during a webinar in online mode and posted to a unique web address for later viewing and listening by the Buyer.
Seller – TCH 13 Ltd, UIC 206450757.
Buyer – a user of the information and telecommunication network “Internet” who has accepted the General Terms and Conditions.
Information Services – the listed services offered in the form of information products and related services for provision, consulting, etc.
Information products – seminars, lectures, webinars, videos of webinars, training materials on the topics of the seminars, etc., published on the Seller’s Website for individual (personal) use by the Buyer.
Seminar – a group attendance session aimed at providing information.
Seller’s Website – a publicly accessible resource that allows for visual familiarization, located on the information and telecommunication network “Internet” at: https://tch13.market , through which information about the seminar program, dates, costs, and other necessary data and information are provided.
Download – saving (copying) of the Products by the Buyer on his/her computer, smartphone, or other devices.
Username and Password – two unique sets of characters that identify the Buyer and provide access to the Seller’s Information Services and Information Products.
Personal Account – Buyer’s personal page on the Seller’s Website where the Buyer can store information about themselves, access previously downloaded Information Products, set up the display, set parameters, view their status, payment status, etc. The Personal Account is linked to a specific User Profile and is accessed only through the Username and Password.
User Profile – personal data of the user used for identification, which is stored on the servers of the Seller’s Website. The user profile is created when the user registers.
1.7. The materials presented on the Seller’s Website in the form of lectures, training materials, seminars, videos are the intellectual property of Oleg Mikhailovich Cherne.
Subject Matter of the General Terms and Conditions
2.1. The subject matter of the General Terms and Conditions are Information Services and Information Materials, such as lectures, seminars, webinars, webinar videos, training materials on seminar topics, etc., published on the Seller’s Website.
2.2. The Seller shall provide Information Services and conduct seminars in accordance with the list of services, schedule and current prices published on the Seller’s Website.
2.3. The Buyer shall pay for and receive Information Services in accordance with the terms of these Terms and Conditions.
Acceptance of the Terms and Conditions and Payment
3.1. Unconditional acceptance of these Terms and Conditions shall be confirmed by the Buyer’s payment for the Seller’s services.
3.2. Payment for all Information Services under this Offer shall be made by prepayment of one hundred percent and/or part of the amount, depending on the payment method selected, as set out in the price list provided on the Seller’s Website.
3.3. Payment shall be deemed to be the receipt of funds into the Seller’s account.
3.4. Payment for Information Services may be made:
3.4.1. through a bank card via a virtual POS terminal
3.4.2. through the Seller’s PayPal account
3.4.3. through a wire transfer of funds to the Seller’s checking account specified herein
3.4.4. through the use of a discount coupon
3.4.5. in cash at the Seller’s office.
3.5. The price of the Seller’s Information Services to be paid by the Buyer shall be determined in accordance with the price list set out on the Seller’s Website.
3.6. The Buyer shall independently pay for the services of banks and electronic payment systems related to the transfer of funds to the Seller’s account and shall be responsible for the correctness of payments made by the Buyer.
3.7. In the event that payment is made by bank card, Refunds shall be made by ordering a chargeback to the card used to make the payment within 15 days.
Conditions and Procedure for the Provision of Services
4.1. The Information Services shall be provided, and classes shall be conducted by the Seller in accordance with the program and schedule developed and approved by the Seller.
4.2 The Program (of seminars, classes, lectures) and the schedule are not subject to agreement with the Buyer.
4.3. All notices and communications exchanged between the two parties by email shall be accepted as official correspondence under this Offer.
4.4. Access to the Online Programs shall be granted to the Buyer, provided that the Buyer has prepaid 100% of the amount no later than 1 hour prior to the start date of the Online Program, and an access link shall be sent to the Buyer’s email, plus full information on the rules for using the webinar service.
4.5. Access to the webinar videos shall be granted to the Buyer upon prepayment of 100% of the amount to the Seller’s account, with a link to the location of said video being sent to the Buyer’s email address.
4.6. Access to audio recordings and eBooks shall be granted to the Buyer upon payment of 100% of the amount to the Seller’s account, and a link to the location of the specified book or audio recording shall be emailed to the Buyer.
4.7. The information services under these Terms and Conditions shall be deemed to have been properly and fully provided by the Seller provided that the seminars have been conducted and the Buyer has been granted access to them.
Obligations and Responsibilities of the Parties
5.1. The Parties agree to maintain the confidentiality of their electronic correspondence and not to pass on their username and password for accessing to the e-mail of third parties.
5.2. The Seller is obliged to ensure the fulfilment of their obligations to the Buyer in accordance with the terms and conditions established in this Offer and in accordance with the requirements of the Bulgarian legislation in effect.
5.3. From the time of acceptance of this Offer by the Buyer, the Seller reserves the right to refuse to perform their obligations in the event of unforeseen circumstances (“force majeure”), including but not limited to: war, terrorism, riots, civil disturbances, lightnings, fires, explosions, storms, floods, other natural disasters or calamities, strikes, lockouts and other labor conflicts or a decision made by a governmental authority or governing body that results in an inability to perform these Terms and Conditions.
5.4. The Buyer shall not:
5.4.1. transfer or distribute the Information Materials to third parties, either in whole or in part;
5.4.2. reproduce the Information Materials, i.e., make duplicates of the Information Materials or any part thereof in any tangible or electronic form, if such reproduction is for the purpose of further distribution;
5.4.3. make the Information Materials available to the public via the Internet and other digital networks, nor publish the Works on any websites, mobile applications or other resources;
5.4.4. modify, alter or otherwise process the texts, audio and video Information Materials;
5.4.5. use the Information Materials in any way except for educational purposes;
5.4.6. take any other action in connection with the use of the Information Materials that violates intellectual property protection laws, both Russian and International;
5.4.7. breach the security (or attempt to breach the security) of the DRM (the technical means of protection against unauthorized use of the Works) or in any other way gain (attempt to gain) access to the Information Materials, except as expressly set out in the Agreement;
5.5. In the event of a breach of clause 5.4 hereof, the Buyer shall pay to the Seller compensation to the value of 2,500 BGN.
5.6. In the event of a breach of clause 5.4 of this document by the Buyer, the Seller reserves the right to pursue the Seller in court and to recover all costs and losses, including loss of profit, associated with the breach of the Seller’s legitimate interests.
5.7. In the event of illegal copying of materials, the Buyer or any other person connected with the Buyer shall delete the illegally obtained data, as well as copies of all tangible media, within three hours of receipt of the relevant letter from the Seller.
5.8. In the event that it is revealed that advertisements have been published on third-party websites with an offer to sell intellectual property belonging to Oleg Mikhailovich Cherne, the person who published such advertisement shall be liable for compensation for the damages caused (lost profits) by the illegal sale of intellectual property, in three times the amount of the value indicated on the website multiplied by the number of sales.
5.9. In the event that a breach of clause 5.4 of these Terms and Conditions is discovered, including during the period of provision of Services, this Agreement shall be subject to unilateral termination at the initiative of the Seller. In such event, the Seller shall terminate the Buyer’s access to seminars, webinars and other materials, and amounts paid for services shall not be refundable to the Buyer.
5.10. In the event that during the provision of Information Materials or Services, a recording (recording of online seminars, etc.) is made with the participation of the Buyer, the Buyer gives his/her full informed consent to the ownership of such materials by the Seller and shall have no right to request the removal of such materials from the Website or to request financial compensation for the use of such audio, photo or video images and materials.
5.11. Seller shall have the right to:
5.11.1. make changes to the General Terms and Conditions without notifying the Buyer;
5.11.2. transfer their rights and obligations under the General Terms and Conditions to third parties;
5.11.3. refuse to provide the Buyer with access to seminars, webinars, webinar recordings prior to receipt of 100% prepayment to the Seller’s account.
5.12. Seller shall not be responsible for:
5.12.1. Buyer’s failure to comply with the rules for connecting to and using the Services;
5.12.2. the Buyer’s lack of the necessary technical means and conditions for the use of the Services;
5.12.3. the Buyer’s failure to timely receive information relating to these Terms and Conditions;
5.12.4. problems with the information and telecommunication network “Internet” or with the Buyer’s computer;
5.12.5. errors made by third parties in the transmission of information to the Buyer;
5.12.6. Buyer’s errors made in making payments or as a result of omissions or incorrect completion of Seller’s data;
5.12.7. the Buyer’s loss of the Account, and the provision of access to that Account, including the use of such information by third parties;
5.13. The Buyer is obliged to:
5.13.1. pay for the Services in accordance with the terms of these Terms and Conditions;
5.13.2. carefully study and comply with the rules for using the Webinar Service;
5.13.3. read, before making a purchase, the contents and conditions set out in these Terms and Conditions and other terms and conditions set out on the Seller’s Website;
5.13.4. communicate to the Contractor all details necessary to identify the Buyer and sufficient to fulfil the Seller’s obligations under the terms of these General Terms and Conditions;
5.13.5. independently monitor the availability of changes to the General Terms and Conditions published on the Seller’s Website, including the list of services, timetables and current prices;
5.13.6. comply with the terms and conditions set out in these General Terms and Conditions and any other terms and conditions set out on the Seller’s Website.
5.14. By accepting this Agreement, the Buyer agrees that:
5.14.1. The Seller has the right to process the Buyer’s personal data, including collecting, processing, storing, specifying (updating, changing), using, distributing, deleting, blocking and erasing such personal data;
5.14.2. the Buyer’s personal data has been voluntarily provided by the Buyer;
5.14.3. the Buyer’s personal data is transmitted in electronic form through the open communication channels of the information and telecommunication network “Internet”;
5.14.4. the Buyer’s personal data may, with the Buyer’s explicit consent, be transferred to third parties for the purposes specified in these General Terms and Conditions, in accordance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Procedure for amending, supplementing, and terminating these General Terms and Conditions of Use
6.1. In the event of termination of this Agreement Terms at the initiative of the Buyer prior to the start date of the provision of Information Services (Seller provides access to one or more seminars – in-person seminar, webinar, webinar video recording), the monies paid by the Buyer, transferred by the Buyer to pay for the selected Information Services offered by the Seller under these Terms and Conditions, shall be refunded, with a deduction of 10 (ten) % of the cost of the Information Service. The said deducted amount shall be accepted by the Parties as the actual costs incurred by the Seller in connection with the organisation of the provision of Information Services under these General Terms and Conditions and the Seller’s costs of transferring the funds, including bank and payment system commissions.
6.2. In the event of termination of this Agreement at the initiative of the Buyer during the course of the attendance of practical classes, the monies shall not be refunded;
6.3. Refunds shall be made within twenty (20) working days of the date of receipt by the Seller of a written request from the Buyer to terminate this Agreement.
Other Conditions
7.1. In the event of non-fulfilment or improper fulfilment of the terms of these General Terms and Conditions, the parties shall be liable in accordance with Bulgarian law.
7.2. All textual information, graphic images, audio, and video materials published on the Seller’s website shall have their rightful owner; illegal use of such information shall be subject to prosecution in accordance with the applicable Bulgarian legislation.
Seller’s Details:
“TCH 13” LTD.
Address: Sofia, Mladost 2, building 236, entrance 4, app. 23
UIC: 206450757
VAT Registration: BG206450757
Bank Account: BG28RZBB91551013534138, Raiffeisenbank
Phone: +359988849485