Terms & Conditions

TrainFactory.online is managed and operated by TrainFactory Ltd, registered under number 206054318, with registration address Sofia, 1463, Triaditsa. Fl. 4, 66 Vitosha blvd.

1.Agreement
These Terms of use are deemed a binding agreement between the client and the Website. By using or otherwise accessing the Online Services or clicking to accept or agree to these Terms of Use where that option is made available, client agrees for eligibility for use of the Online Services and that client has read, understood, and accepted these Terms of Use.

2.Eligibility
Client can use the Online Services if he/she are eligible in accordance with the law of their residence and/or domicile. The Company has no obligation or capability to verify whether client is eligible to use the Software and bears no responsibility for your use of the Software.

3.Software and Online Services
Client may use the Online Services and or Online Courses under these Terms and Conditions:

Confidential Information”: information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Online Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

Course Materials”: the information provided by the Website to accompany a Online Course provided as part of the Online Services in electronic form.

Fees”: the fees paid by you to the Website for the Online Services.

Intellectual Property Rights”: copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

Online Course”:A set of instructional experiences using the digital network for interaction, learning and dialogue. An online course does not require any face-to-face meetings in a physical location. The provision by the company of an online course pursuant to which you learn course materials remotely.

Online Services“: the provision of the Online Course and/or the Online Course Materials together with such other Online Services as agreed from time to time and purchased by you through the Website or by telephone.

Website” means https://trainfactory.online/

You” means the individual purchasing the Online Services.

4.The Online Services
4.1. A description of the Online Services together with the dates on which the Online Services will begin are available on our Website. We will provide the Online Services with reasonable care and skill in accordance with the description set out on the Website.

4.2. We reserve the right to vary or withdraw any of the online Services described on the Website without notice.

4.3. We expect you to confirm that the Online Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Online Services.

5.Ordering Online Services
5.1. Purchasing Online Courses via the Website – In order to purchase any of the Online Courses or Online Services you must register for an account with us, Online via the Website. If you already have an account with us you can log into your account, using your username and password.
5.2. When you place an order for an Online Course or Online Service via the Website, or email you are offering to purchase the Online courses and or Online Services under these terms and conditions. The Website reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 6 below.

5.3. Following receipt by the Company of your order for Online Services via the Website or via email we will contact you confirming receipt of your order.

5.4. A legally binding agreement between us and you shall come into existence when the Company has received the following:

5.4.1. Accepted your offer to purchase Services from the Company by sending you an email confirming the purchase; and

5.4.2. Received payment of the relevant Fees from you in accordance with clause 7 below.

5.5. Where your order consists of multiple Online Courses, each individual course will be treated by us as a separate offer to purchase.

5.6. The Website does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility, to ensure that you timeously make a reservation for any exam you wish to take, and which may or may not be associated with the subject matter of the Online Services provided to you by the Website.

5.7. Each customer of the company will receive the Elected Online Services reserved at the specific time frame provided for the course, but no longer than 10 days after payment has been processed.

6.Refund Policy

The customer has the right to request a refund in the first 14 calendar days after the transaction, subject to the following:

 

  1. Refund will be exclusively applied to the first transaction, only;
  2. Any refunds shall be at our sole and absolute discretion; and
  3. Most refunds are returned via the original payment method.

 

Note: For credit card payments it may take 5 to 10 business days for a refund to show up on your credit card statement.

 

After the 14-day period, you will no longer be eligible and won’t be able to receive a refund.

 

You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our online course material or services are final and may not be charged back.

 

7.Fees
7.1. The Fees for the Online Courses and/or Online Services shall be as set out on the Website.

7.2. Unless otherwise specified at the time you purchase the Online Courses and/or Online Services the Fees are exclusive of VAT or other local taxes.

7.3. Save, where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.

7.4. Fees for the Online Courses and/or Online Services selected by you on the Website or purchased by email shall be debited from your credit/debit card at the time of purchase. Fees must be paid in full prior to you attending or accessing any Online Course.

7.5. Any fees charged by your debit or credit card provider in connection with your purchase of Online Services, are for your own account and the Company shall not be responsible for these.

7.6. You shall be responsible for all costs you incur in connection with attending any Online Courses or your access to any Online Course.

8.Limited Liability
8.1. No part of the provision of the Online Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of advice.

8.2. Although the Company aims to provide the Online Courses and/or Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the program or Online Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.

8.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Online Course or Online Services. Subject to clause 5.3 no implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).

8.4. Subject to clause 8.5 below, the Company’s total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the provision of the Online Courses and/or Online Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by the Company in connection with the relevant Online Course and/or Online Service in relation to which a dispute has arisen.

8.5. The Company is not liable for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Bulgarian law may not be limited or excluded.

8.6. No claim may be brought more than six months after the last date on which the Online Services concerned have finished or ceased to be provided by us.

9.Intellectual Property
9.1. All Intellectual Property Rights pertaining to the Course Materials, Online Courses and the Lectures provided by trainers as part of the Online Courses and/or Online Services are, and remain, the intellectual property of the Company or its licensors, whether adapted, written for or customized for the Client or not.

9.2. The Client is not authorized to:

9.2.1 Copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any Course Materials without prior written permission.

9.2.2 Record on video or audio tape, relay by videophone or other means the Online Course given.

9.2.3 Use the Online Course Materials in the provision of any other course or training whether given by us or any third-party trainer.

9.2.4 Remove any copyright or other notice of the Company on the Course Materials.

9.2.5 Modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.

9.2.6 Any breach of this clause shall result in immediately termination and suspension of your access to the Online Course/s and Online Services, at our discretion.

9.2.7 In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and software in respect of the Online Course for the sole purpose of completing the Online Course.

10.Confidentiality
10.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.

10.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.

10.3. This clause shall continue notwithstanding termination of these terms and conditions.

11.Termination
11.1. The Company shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:

11.1.1. fail to pay when due your Fees.

11.1.2. Act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of the Company, any teacher or lecturer who provides the Online Courses or any student who attends any Online Course.

11.2. Cheat or plagiarize any work which you are required to prepare or submit in connection with the Online Course/s and/or Online Services or during any examination taken in connection with the Services.

11.3. Steal or act in fraudulent or deceitful manner towards us or our employees or any other students who may be on our premises or attending our Online Courses.

11.4. Intentionally or recklessly damage our property or the property of our employees or other students attending our premises.

11.5. Commit any criminal offence committed on our premises or where the victim is our employee or student.

11.6. Are in breach of these terms and conditions.

12.Entire Agreement
12.1. These terms and conditions, together with the Website Disclaimer and Course Specific Terms of Use are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.

13.Frustration Clause
13.1. The Company shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a course caused by a death in the trainer’s family, illness of the trainer, Government edict or regulation.

14.Assignment
14.1. We may assign, transfer, and sub-contract any of our rights or obligations to any third party at our discretion.

15.Data Protection
15.1. The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services you agree to this Use.

15.2. When you register with us you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.

15.3. We may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles and, unless you click on the relevant button on the Registration Form, provide you with communications. We will not pass any personal data onto anyone outside of the Company.

15.4. To enable the Company to monitor and improve our Services, the company gathers certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.

15.5. We use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. The Company will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.

15.6. Our products may link to third party websites and we are not responsible for their data policies or procedures or their content.

15.7. The Company endeavors to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose.

15.8. You accept the inherent security implications of being and transacting on-line over the internet and will not hold us responsible for any breach of security.

15.9. The Company may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.

15.10. If you wish to change or update the data we hold about you, please e-mail [email protected].

16.Law and Jurisdiction
This Agreement is subject to Bulgarian law and the parties submit to the exclusive and sole jurisdiction of the Bulgarian courts in connection with any dispute here under.

 

17.Notices
You can contact us by any of the following methods:
Email: [email protected]
Chat on our website