TERMS AND CONDITIONS OF ACCESS TO THE SERVICES OFFERED BY THE ALGOCADEMY PLATFORM
(updated on 01.04.2021)
The terms and the conditions of access to the ALGOCADEMY platform (hereinafter the Access Agreement or the Agreement) govern the contractual
relationships between the User (as defined below) and ALGOCADEMY EDUCATIONAL TECH SRL (hereinafter ALGOCADEMY) concluded for the purpose
of providing Goods and Services on the ALGOCADEMY Platform.
I. DEFINITIONS
All capitalized terms in the Access Agreement shall have the following meanings:
ALGOCADEMY
ALGOCADEMY EDUCATIONAL TECH SRL, a limited liability company of Romanian nationality, having its headquarters in Bucharest,
12 Decebal Bd., Room 1, Block 57, Entrance 1, 5
th
Floor, Apartment no. 15, having the Trade Registry no. J40/17449/17.12.2020,
sole registration tax code 43463459, sole operator of the ALGOCADEMY Platform;
Annexes
The following annexes constitute an integral part of this Agreement:
- Annex 1 – Personal Data protection policy;
Goods
The Goods that can be traded via the ALGOCADEMY Platform and which are listed in a non-exhaustive list under art.
art. 2.5 of this Agreement;
Order
An electronic document that intervenes as a form of communication between ALGOCADEMY and the User by means of which the
Purchaser communicates to ALGOCADEMY, via the ALGOCADEMY Platform, his intention to purchase Goods or Services. The User's
order is firm and cannot be revoked after its placing on the ALGOCADEMY Platform. If the User revokes the order, after it has
reached ALGOCADEMY, the User will be required to pay the price of the ordered Services;
Comment
Appreciation expressed in writing on the ALGOCADEMY Platform by a User, posted in accordance with public order and morals, so
as not to harm the freedom, integrity, honour, etc. of no other User or ALGOCADEMY; ALGOCADEMY has consideration for
the freedom of expression of any User and encourages any constructive criticism. However, defamatory criticisms which are not
based on an objective justification and which cannot be proved, will engage the tort liability of the defaulting party, ALGOCADEMY
reserving the right to address the judicial bodies for the reparation of the damage incurred;
Account
The log in to the ALGOCADEMY Platform is made via Google or Facebook, the User being responsible for complying with the terms
and the conditions governing the access to these platforms;
Content
Any information available on the ALGOCADEMY Platform that can be visited, viewed or accessed using an electronic equipment;
Authentication
Data
The data provided by Google or Facebook used by the User to log in to the Account created on the ALGOCADEMY Platform;
Identification
Data
The information requested by ALGOCADEMY upon creating the Account on the ALGOCADEMY Platform and in relation to its use,
which may consist of, but not limited to: name, first name, date of birth, domicile, residence, nationality, e-mail, etc., as well as the
data to which the User grants ALGOCADEMY access by registration on the ALGOCADEMY Platform via Facebook and Google
platform, respectively;
Intellectual
Property
Rights
any copyright, trademark, patent, domain name, geographical indications, trade secrets or any other intellectual property rights
protected in accordance with the applicable law;
Parties
The User and ALGOCADEMY;
ALGOCADEMY
Platform
The technical platform available at https://algocademy.com, lawfully owned by ALGOCADEMY, having as scope the provision of
Services and/or the marketing of Goods, such as these are defined in this Agreement;
Price
The amount owed to ALGOCADEMY by the User, in exchange for the provision of the Services integrated in the ALGOCADEMY
Platform and/or in exchange for the purchase of the Goods, according to this Agreement;
Payment
processor
an authorized provider of payment processing services;
Rating
method of expressing the degree of satisfaction of a User with respect to a product. The rating is expressed in the form of stars, each
Product being able to receive a score from one star to five stars;
Services
The Services provided by ALGOCADEMY via the ALGOCADEMY Platform to the benefit of the User, which are listed under art. II.6
of this Agreement;
User
Any person who signs up on the ALGOCADEMY Platform in order to purchase or not the Goods and/or the Services, in
compliance with the applicable national or European legislation, which, by completing the Account creation process, has given his
consent to the clauses of this Agreement;
Sale
The sale-purchase agreement which is concluded pursuant to the Parties’ concurrence of wills with respect to the purchase by the
User of a certain Good/several Goods via the ALGOCADEMY Platform;
Day
Monday to Friday inclusively, except for the national holidays established by law;
II. SCOPE AND DURATION OF THE AGREEMENT
1. This Agreement is concluded under the conditions of art. III.1. and governs the collaboration between the Parties in view of providing
all the Goods and/or the Services integrated in the ALGOCADEMY Platform, in exchange of the Price owed to ALGOCADEMY;
2. The Agreement shall be supplemented by the attached Annexes;
3. The Agreement is valid for an indefinite period, until the termination of the collaboration between the Parties, by one of the modalities
provided in art. 15;
4. Any change or supplementation to this Agreement by ALGOCADEMY shall be notified by e-mail to the User, 30 calendar days before the
effective date of their entry into force.
If the User does not agree with the changes or the supplementations prefigured, he shall have the right to unilaterally terminate the
Agreement within 45 days from the date on which the changes were communicated to him, subject to forfeiture. If the User does not
request the termination of the collaboration and continues to use the ALGOCADEMY Platform, it is considered that the new version of
the Agreement has been tacitly accepted by the User;
5. In the course of performing the marketing obligations of the Goods integrated in the Platform, ALGOCADEMY may sell the following
categories of Goods:
1. Customised objects, from the category of clothing (T-shirts, sweatshirts, etc.), stationery items (pens, diaries, banners, etc.), paintings
and posters, sports equipment, etc.;
2. Various DVDs, CDs, courses on electronic support etc.;
6. In the course of performing the undertaken obligations, ALGOCADEMY shall provide the following categories of Services:
1. Premium Membership: Making available to Users the ALGOCADEMY platform which includes text, videos and interactive tutorials
on programming learning.
The price for the Premium Membership is the following: annually - 300 USD/year.
2. Mentorship Program: Making available to Users the ALGOCADEMY platform, and in addition providing individual/group
mentoring/professional training services with ALGOCADEMY representatives on specific topics.
The price for the Mentorship Program, valid for 3-6 months, is the following: USD 3,000. Such Price can be paid in 3 (USD 1,000 * 3)
or 5 flat rates (USD 600 * 5).
3. Advertising the Goods and/or Services of ALGOCADEMY, as well as Third Party Goods/Services, to the extent that between
ALGOCADEMY and these third parties was concluded an agreement in this regard;
4. Any other services integrated in the ALGOCADEMY Platform;
7. Advertising services for the Goods and/or Services of ALGOCADEMY, as well as of Third Parties, to the extent that between
ALGOCADEMY and these third parties was concluded an agreement in this regard;
1. ALGOCADEMY shall be able to integrate in the interfaces of the ALGOCADEMY Platform various banners and such other means of
digital advertising, both for the advertising of its own products, but also for the advertising of third-party products, within the limit
of the ALGOCADEMY availabilities of any kind;
2. ALGOCADEMY shall conclude an agreement with any third parties that are requesting to be provided with the advertising service,
which must include indications with regard to the duration, the content and the financial conditions, these being considered essential
clauses for the agreement’s conclusion;
3. ALGOCADEMY newsletters are transmitted via specialized partners approved by ALGOCADEMY, the information confidentiality and
security being thus ensured. When the User creates an Account on the ALGOCADEMY Platform, he has the possibility to express his
consent regarding the receipt of Newsletters. The User can, at any time, change his option regarding the consent given to
ALGOCADEMY, either by contacting ALGOCADEMY in this regard, or by accessing the unsubscribe link displayed in the commercial
messages received from ALGOCADEMY. Waiver of receipt of the Newsletters does not imply waiver of the consent given for this
Agreement;
8. Any other services integrated in the ALGOCADEMY Platform:
1. In addition to the above-described services, at the request of the User, ALGOCADEMY shall provide any other services that follow to
be integrated in the ALGOCADEMY Platform, at the Prices previously agreed by the Parties;
III. USER ACCESS TO THE ALGOCADEMY PLATFORM
1. The User's access to the ALGOCADEMY Platform takes place when the User signs in for the purpose of purchasing the Goods and/or the
Services offered by ALGOCADEMY; By the User's access to the ALGOCADEMY Platform, the User confirms that he agrees with the
provisions of this Agreement.
2. For justified reasons, ALGOCADEMY reserves the right to restrict the User's access, if it considers that, based on its conduct or its activity,
the User’s actions could harm ALGOCADEMY in any way.
3. By this Agreement, the User accepts the IT solutions implemented for the construction of the ALGOCADEMY Platform and the technical
rules for accessing and using this platform, as established by ALGOCADEMY;
4. The User’s access to the ALGOCADEMY Platform will be made in the technical modalities indicated by the Platform;
5. In the event that the identification or contact data of the User undergo changes, the User undertakes to notify these changes to
ALGOCADEMY, within maximum 5 days from the date of their occurrence. ALGOCADEMY will not be held liable for the damages or the
losses caused to the User as a result of the latter's failure to comply with the obligation to notify ALGOCADEMY of its accurate and
complete identification data within the aforementioned period. Failure to comply with the obligation to provide the required
identification data may result in the termination of this Agreement.
IV. ONLINE SALE POLICY FOR GOODS AND SERVICES
1. The User can purchase the Goods/Services sold via the ALGOCADEMY Platform only after the online registration, according to art. III.1.;
2. Some of the Goods/Services illustrated in the ALGOCADEMY Platform are offered free of charge to Users. These Goods/Services are
expressly highlighted within the ALGOCADEMY Platform and cannot be extended by analogy to other Goods/Services that do not bear
the express mention.
3. Periodically, ALGOCADEMY organizes marketing and advertising campaigns, on which occasion it can grant discounts on the prices of
the goods and services marketed. These campaigns will be timely announced on the ALGOCADEMY Platform.
4. The User can place Orders on the ALGOCADEMY Platform for Goods or for one of the two Basic/Premium variants of the Services,
following to complete the Order by making the payment. Failure to complete the Order, means that the Order is not registered and does
not involve the automatic reservation of that Good/Service and does not create any other obligation on the part of ALGOCADEMY.
5. By completing the Order, the User consents to the fact that all data provided by him, required in the course of the purchase process, are
accurate, complete and genuine on the date of placing the Order;
6. By completing the Order, the User consents to the fact that ALGOCADEMY may periodically contact him, by any means available/agreed
by ALGOCADEMY, whenever contacting him is necessary;
7. ALGOCADEMY may cancel the Order placed by the User, following a prior notice addressed to him, without any subsequent obligation
of any Party towards the other Party, or without any Party being able to claim damages from the other Party in the following cases:
1. non-acceptance by the issuing bank of the User’s card, of the transaction, in case of online payments;
2. invalidation of the transaction by the Payment Processor approved by ALGOCADEMY, in case of online payments;
3. data provided by the User to the ALGOCADEMY Platform are incomplete and/or inaccurate;
4. any other situation in which the bank account of ALGOCADEMY is not credited.
8. If a Good and/or Service ordered by the User cannot be delivered/provided by ALGOCADEMY due to objective reasons, the latter will
inform the User about this fact and will return to the User’s account the equivalent value of the Good/Service, within maximum 7 days
from the date on which ALGOCADEMY became aware of this fact.
9. Except for the Tangible Goods and the exceptions below, ALGOCADEMY does not offer for any other Good/Service, the possibility of
price reimbursement, and once purchased, they cannot be returned. ALGOCADEMY does not grant the right of withdrawal set forth by
the legislation on consumer protection for:
1. The services provided by ALGOCADEMY in the Basic version: in this case, considering the digital content of the ALGOCADEMY
Platform and the possibility that such content may be immediately appropriated after having been allowed access thereto, the User
will not benefit from the right of withdrawal.
2. Services provided by ALGOCADEMY in the Premium version: in this case, the User benefits from the right of withdrawal within 14
days as set forth by the legislation on consumer protection, but he will be required to pay the price related to the Basic version for
one month; in the event that the User has also benefited from mentoring services, he will be required to pay a price of 750 USD which
shall revert to ALGOCADEMY as benefit.
10. If the User does not pay one of the rates, for various reasons, his access to the ALGOCADEMY Platform will be suspended until the actual
payment of the outstanding amounts.
11. ALGOCADEMY reserves the right to permanently cut off access to the customer who:
1. shares his access account with other people;
2. otherwise infringes the intellectual property rights of ALGOCADEMY;
3. repeatedly fails to timely pay the rates;
4. does not comply with the internal rules regarding the development of the mentoring/product;
12. Delivery of Goods
1. ALGOCADEMY undertakes to deliver the Goods via courier, through a third-party partner, door-to-door, to the User or by direct
access to the virtual materials, after placing the Order;
2. ALGOCADEMY will ensure the proper packaging of the Goods and will ensure the transmission of the accompanying documents;
3. ALGOCADEMY will deliver the Goods only at national level;
13. The ownership over the Goods will be transferred upon delivery, after the User makes the payment, at the location indicated in the Order
(by delivery – being understood the receipt signature affixed on the transport document provided by the courier or the receipt signature
affixed on the fiscal invoice, in the case of deliveries performed by the ALGOCADEMY personnel);
14. Billing Policies. Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service,
you agree to the pricing and payment terms, as we may update them from time to time. AlgoCademy may add new services for additional
fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment
terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement or otherwise.
15. Automatic Renewal. AlgoCademy subscriptions renew automatically using the payment details on file for your account. If you purchase
a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for
the renewal fee. Until you cancel, your subscription will renew monthly or annually on the same day of the month or year, respectively,
as the date you made your initial purchase and the payment information on file will be billed for the then-current subscription fee. This
purchase date will be included on your subscription confirmation receipt that will be emailed to you at the email you provide. You may
cancel your Pro account at any time from within the Manage Payments section of your Account Settings. This will stop future
subscription charges from accruing to your account.
16. No Refunds. You may cancel your AlgoCademy account at any time; however, there are no partial or pro-rata refunds for cancellation.
If you cancel your subscription, cancellation will be effective at the end of the current monthly or annual billing period; you will have
continued access to your subscription for the remainder of that period, but you will not receive a refund. AlgoCademy may offer partial,
pro rata refunds for AlgoCademy’s early suspension, termination, or cancellation of a paid program, where the pricing and payment
terms for the specific AlgoCademy program expressly state that such refunds are available in such scenarios and/or as required by law.
In the event that you cancel your account or AlgoCademy suspends or terminates your account under this Agreement for your breach
of this Agreement, you understand and agree that you shall receive no refund or exchange for any AlgoCademy Indicators, any unused
time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account,
or for anything else.
17. Free Trials. AlgoCademy may offer a free trial of our Service to new and eligible returning subscribers, subject to specific terms
explained during your free trial sign-up. To avoid being charged during a free trial promotion, you must cancel your subscription before
your free trial ends. You can view the details of your free trial on your AlgoCademy Account Settings page. AlgoCademy reserves the
right to determine eligibility for free trials, which may vary based on factors including the subscription selected and how recently you
redeemed a free trial. Certain limitations may also exist with respect to combining free trials with any other offers. If you do not cancel
prior to the end of your free trial period, the payment method provided at sign-up will be automatically billed for the applicable
subscription fee. If you wish to avoid charges to the payment information that you have on file, you must cancel your subscription prior
to the end of the seven (7) day period beginning at the time that you began your free trial. You may cancel your subscription at any time
as described in the “Cancellations” section of these Terms.
18. Cancellations. You can cancel your subscription at any time by logging into your AlgoCademy account on the AlgoCademy site and
following the instructions on the Manage Payments section of your Account Settings page. You must cancel your subscription prior to
your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the
Service through the end of your current billing period, but will not receive a refund. Cancelling your subscription will not completely
delete your account from our Service. You may choose to delete your account, but you will not be able to recover data from your former
account at a later date if you do so.
V. USER OBLIGATIONS
1. Obligations relating to the Services. With regard to the Services provided by ALGOCADEMY, the User undertakes:
1. To pay the Price of the Services, after contracting a certain type of product;
2. Not to use the Services of the ALGOCADEMY Platform for purposes other than those indicated in this Agreement;
3. Not to use the Services of the ALGOCADEMY Platform in a way that would contravene public order, good morals, nor for illicit or
immoral purposes;
2. Obligations relating to the Goods. With regard to the Goods marketed on the ALGOCADEMY Platform, the User undertakes:
1. To pay the Purchase Price, such as established by ALGOCADEMY;
2. To inform ALGOCADEMY of any apparent or hidden defect thereof, within 2 Days from the moment of its finding;
3. Obligations relating to the use of the ALGOCADEMY Platform. With regard to the activity carried out on the ALGOCADEMY Platform,
the User undertakes:
1. Not to provide ALGOCADEMY with false identification data when creating the Account on the ALGOCADEMY Platform;
2. To create a secured Account on the ALGOCADEMY Platform, according to the due diligence standards of a good owner;
3. To periodically update its identification data on the ALGOCADEMY Platform, if necessary, and ensure that the authentication data
will not be used by another person;
4. To prevent the non-compliant use of the ALGOCADEMY Platform by another person from the User’s Account through the
authentication data, expressly stating, by accepting the Agreement, that he agrees to the ALGOCADEMY’s non-liability for any
damages incurred as a result of such event;
5. To comply with all the intellectual property rights of ALGOCADEMY;
6. Not to use the ALGOCADEMY Platform in an abusive manner, behaviours which contravene fair competition practices, behaviours
that violate applicable law, as well as those that would harm in any way ALGOCADEMY, its collaborators and other Users, if the case,
being expressly prohibited;
7. Not to communicate its authentication data to any third party, even in cases of universal or private transfer of his patrimony to a
third party, without prior notice to ALGOCADEMY;
4. Obligations relating to Information. In order to ensure a fruitful collaboration between the Parties, the User must comply with the
following obligations:
1. To inform ALGOCADEMY about any problems or malfunctions that the User encounters while using the ALGOCADEMY Platform;
2. To maintain the identification data on the ALGOCADEMY Platform up-to-date, so that ALGOCADEMY may at any time have access to
an updated list of all the Users of the ALGOCADEMY Platform;
3. To inform ALGOCADEMY with regard to the subject matter of any petitions, notifications, requests or complaints regarding the
Services provided on the ALGOCADEMY Platform or with regard to its experience on the ALGOCADEMY Platform (regardless of
whether these have been received directly or via the ALGOCADEMY Platform), as well as with regard to any investigations or
administrative inquiries that may affect the reputation of the ALGOCADEMY Platform or that are related to the Goods and/or
Services on the Platform;
4. To the extent that the User is aware of potential regulatory amendments, the User shall inform ALGOCADEMY about these kind of
initiatives in order for the latter to optimize the planning and implementation of potential developments that might be required. The
decision, as well as the implementation time in such a situation, shall remain at the discretion of ALGOCADEMY.
VI. USER REPRESENTATION AND WARRANTIES
The User represents and warrants that, both upon registration and continuously for the entire duration of the Agreement:
1. Meets all the conditions set forth by the applicable legislation in force in order to benefit from the Integrated Services on the
ALGOCADEMY Platform;
2. Meets all the conditions set forth by the applicable legislation in force for the purchase of the Goods to be found on the ALGOCADEMY
Platform;
3. Shall not infringe the intellectual property rights of ALGOCADEMY or other rights of third parties in connection with the Goods and/or
the Services to which it has access on the ALGOCADEMY Platform;
4. Shall not use the Content in a manner that might harm ALGOCADEMY, other Users or third parties;
VII. ALGOCADEMY OBLIGATIONS
In order to ensure a fruitful collaboration between the Parties, ALGOCADEMY:
1. Shall ensure the User’s access to the ALGOCADEMY Platform, depending on the option he has opted and paid for.
2. Shall fulfil all the obligations resulting from the content of the Good/Service chosen by the User;
3. Shall Comply with all the requirements of the applicable law on the sale of Goods and provision of Services in the online environment,
including with respect to Content;
4. Undertakes to make endeavours to continuously improve and update the functionalities of the ALGOCADEMY Platform in order to satisfy
Users, this commitment being similar to a duty of care, and ALGOCADEMY can only guarantee that some of the new functionalities shall
be included in the pricing model initially agreed and others may be subject to new rates, if accepted by the User;
5. Ensures the availability of the Goods and/or Services to all Users who access the ALGOCADEMY Platform according to the Agreement
regardless of race, nationality, ethnic origin, religion, colour, sex, social status or any other similar criteria;
6. Shall maintain a record of all the Users of the ALGOCADEMY Platform to ensure that there are no minors of age or persons to whom the
content of the Services could be harmful, based on the information provided by the Users; if the Users provide false, incomplete,
inaccurate information, they assume full responsibility for all damages caused both to themselves and to ALGOCADEMY or any other
third party;
7. States that all persons mentioned in or referred to in the Content of the Services provided by ALGOCADEMY are of legal age, have full
capacity of exercise and have discernment;
8. In ensuring the provision of the Services to the User, the obligations undertaken by ALGOCADEMY are considered duties of care and not
of result, so that ALGOCADEMY cannot be held liable if the result predicted by the User has not been achieved.
VIII. PRICE PAYMENT
1. The Price charged for the Services provided and the method of payment are detailed in art. II.6;
2. The Prices are expressed in dollars (USD) and include Value Added Tax (VAT); The payment of the price is made in lei equivalent (RON)
in accordance with the official exchange rate of BNR (National Bank of Romania) used on the payment day.
3. Each User, by accessing the ALGOCADEMY Platform, has the freedom to decide whether to purchase certain Goods or a certain type of
Service by means of which he gains access to a series of facilities offered by ALGOCADEMY;
4. ALGOCADEMY shall communicate within 3 days from the date of payment by the User, the invoice related to the Order indicating the
Goods and/or the Services purchased by the User, exclusively in electronic format, by adding the invoice to the User’s Account or by e-
mail to the e-mail address mentioned by the User in his Account;
5. By placing the Order, the User agrees to receive invoices in electronic format by any means that ensures transmission and
acknowledgment of receipt;
6. The online payment of the purchased Goods/Services shall be made via PayPal or Stripe.com platform;
7. The User’s payment card data will not be accessible to ALGOCADEMY, nor will it be stored by ALGOCADEMY or by the payment processor
integrated in the ALGOCADEMY Platform, but only by the transaction authorization institution or another entity authorized to provide
storage services of the card’s identification data, about whose identity the User shall be informed, prior to entering such data;
IX. WRITING REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
1. The writing of reviews, comments, questions and answers may be done by the Users, in the sections specially allocated within the
ALGOCADEMY Platform.
2. When registering a certain review/comment/question/answer on the ALGOCADEMY Platform, Users grant ALGOCADEMY a non-
exclusive, perpetual, irrevocable, unlimited territorial license and give ALGOCADEMY the right to use, reproduce, modify, adapt, publish,
translate, distribute and display this content;
3. ALGOCADEMY encourages freedom of expression and accepts any criticism, as long as it is justified and based on objective factors
without the intention of defaming ALGOCADEMY, its agents or other users.
4. Each User, when submitting reviews, comments, questions and answers in the mentioned sections, undertakes to comply with the
following rules:
1. To refer only to the features and/or the way of using a certain product or service, avoiding information related to aspects that may
change (price or promotional offers) or information related to the manner in which the Order / Purchase is carried out;
2. To use an appropriate, non-offensive language, without terms that may offend or affect any other User;
3. To ensure that the information they enter is realistic, accurate, non-misleading and in accordance with the applicable laws, thus
observing the rights of other parties, copyrights, license or other proprietary, publicity or privacy rights;
4. To use this facility only for the purpose of communicating or obtaining additional details regarding a particular product or service
on the ALGOCADEMY Platform without reference to other companies promoting the sale and purchase of products or services;
5. Not to provide or request, in any way or to any extent, personal data (contact details, information about delivery or domicile address,
telephone numbers, email addresses, name and/or first name, etc.) or any other information that may lead to the disclosure of this
personal data;
6. Not to register information and/or details about URLs (links) from other commercial sites that carry out the same commercial
activity as ALGOCADEMY;
7. Not to attempt to defraud the services provided by ALGOCADEMY or to submit reviews/comments/questions/answers containing
advertising materials;
8. Not to use the review/comment/question/answer as a means of communication with ALGOCADEMY. To this purpose shall be used
the contact details of ALGOCADEMY contained in this Agreement;
9. For notifications or complaints related to the Good and/or the Service purchased, Users have at their disposal the possibility of filing
complaints. The maximum term for resolving complaints or notifications is of 30 calendar days from receipt thereof;
X. THE RELATIONSHIP BETWEEN ALGOCADEMY, ITS EMPLOYEES AND THE USERS
1. In its relationship with the User, ALGOCADEMY is not liable for the actions of the persons with whom it collaborates in the performance
of the Agreement, the latter persons enjoying independence in the relationship with the User.
2. In case ALGOCADEMY delegates the partial performance of the Agreement to certain external collaborators, ALGOCADEMY shall not be
liable towards the User for the damages caused by them;
XI. IMPLEMENTING AND TESTING THE ALGOCADEMY PLATFORM. DISPLAY OF GOODS AND SERVICES ON THE ALGOCADEMY PLATFORM.
THE GOODS AND THE SERVICES OFFERED BY THE ALGOCADEMY PLATFORM
1. The integration of the Goods and/or Services in the ALGOCADEMY Platform shall be carried out by ALGOCADEMY or by the development
partners approved by ALGOCADEMY;
2. ALGOCADEMY shall unilaterally decide the structure and Content of the ALGOCADEMY Platform, as well as the manner and order in
which the Goods and/or Services are displayed, except for the case where it can accept proposals or suggestions in the sense of
displaying a certain type of Content. In this latter case, the User agrees to assign to ALGOCADEMY the Intellectual Property Rights, if the
case;
3. Without interfering with the contractual freedom of the User, ALGOCADEMY shall decide in an autonomous manner the marketing and
the promotion strategies related to the ALGOCADEMY Platform, informing in this respect the User, only upon his express request. In
such a case, ALGOCADEMY shall make the information available to the User, without infringing the applicable legislation;
4. In no circumstance whatsoever will ALGOCADEMY be liable for any non-compliant use of the Goods and/or the Services offered on the
ALGOCADEMY platform;
5. For the purpose of avoiding any doubts, the Parties expressly agree that ALGOCADEMY does not guarantee to the User a certain order
of the Goods and/or the Services marketed/provided by ALGOCADEMY;
XII. COMPLAINTS
1. Complaints, errors in receiving the Services and/or any other issues such as the delivery-receipt of the Services or the operation of the
ALGOCADEMY Platform will be immediately sent by the Users to ALGOCADEMY, by any written method, and will be managed and
resolved, as appropriate, by the interface of the ALGOCADEMY Platform, by e-mail, telephone or by any other means of communication
agreed by the Parties;
2. Complaints or any other matter to be resolved in connection with a particular type of Good/Service will be brought to the attention of
ALGOCADEMY immediately or within 48 hours from its finding;
3. ALGOCADEMY shall collaborate in good-faith and diligence with the User in view of resolving complaints and/or other issues as soon as
possible. In all cases set forth in this Agreement, the complaints regarding the delivery of the Goods shall be dealt with within maximum
3 business days from their knowledge;
XIII. ALGOCADEMY LIABILITY
1. ALGOCADEMY shall not be held liable for any costs, losses or expenses incurred by the User, in connection with the delivery of the Goods
and/or the Provision of Services included on the ALGOCADEMY Platform;
2. In order to protect its rights and interests, ALGOCADEMY may submit, in accordance with the applicable legislation, requests to
intervene in any dispute resolution procedure to which the User is a party, if they are strictly related to the activity carried out on the
ALGOCADEMY Platform;
3. ALGOCADEMY shall not be liable for the access limitation to the ALGOCADEMY Platform of the Goods/Services that may be offered for
contracting or the number of orders, when such limitations are imposed by the competent authorities, in accordance with the applicable
law;
4. ALGOCADEMY shall immediately cooperate and in good-faith with the competent authorities, in accordance with the applicable law, in
order to resolve any complaints related to the infringement of the applicable law, including bank card fraud or money laundering
suspicions;
5. ALGOCADEMY shall not be held liable for the results of the Users and does not offer any guarantee in this regard. By accepting this
Agreement, Users understand that the professional development process involves a multitude of other external factors, independent of
the completion of the programs related to the ALGOCADEMY Platform;
6. ALGOCADEMY shall not be held liable for damages caused to Users or third parties as a result of a misunderstanding of how should the
Goods/Services provided via the ALGOCADEMY Platform, be used;
XIV. TERMINATION OF THE AGREEMENT. SANCTIONS
1. In the event of a breach by the User of the obligations set out in this Agreement, ALGOCADEMY may apply, depending on the gravity of
the breach and at its sole exclusive discretion, one of the following sanctions:
1. Written warning;
2. Suspension of access to the ALGOCADEMY Platform for a period which may not exceed 7 Days;
3. Termination of the Agreement and Account’s deletion;
2. Written warning. ALGOCADEMY reserves the right to send the User a written Warning in case the latter is in breach of the provisions
of this Agreement;
3. Suspension of access to the ALGOCADEMY Platform. If the User, following the written Warning, continues to breach the provisions
of this Agreement, ALGOCADEMY has the right to unilaterally suspend the User’s access to the ALGOCADEMY Platform, for a period
which may not exceed 7 Days;
ALGOCADEMY will also suspend the User’s access to the ALGOCADEMY Platform, if the User does not provide sufficient funds in his
bank account, on the date on which the payment is due. In case that, subsequent to this event, the User makes the payment due, he will
file a request to regain access to the ALGOCADEMY Platform;
The access suspension to the ALGOCADEMY Platform shall be implemented by a written notification sent to the User by e-mail and shall
have the effect of temporarily closing the access to the ALGOCADEMY Platform;
4. Termination/Unilateral Termination. If the User continues to breach the provisions of this Agreement, subsequent to the access
Suspension to the ALGOCADEMY Platform, ALGOCADEMY has the right to unilaterally terminate this Agreement and delete the Account,
based on prior notice to the User;
5. Rescission. Either Party may unilaterally rescind this Agreement without giving any reason. In this case, the User may request
ALGOCADEMY to delete the Account. If the User has chosen to purchase a product, ALGOCADEMY will allow the USER access to the
ALGOCADEMY Platform until the expiry of the period for which the product has been paid for, subject to compliance with the other
clauses of the Agreement.
XV. INTELLECTUAL PROPERTY RIGHTS
1. All Intellectual Property Rights with respect to the ALGOCADEMY Platform, viewed as a whole or just a few of its functionalities, belong
exclusively to ALGOCADEMY. For the avoidance of any doubt, the Intellectual Property Rights shall include, but are not limited to, the
domain name, interfaces, Content of the Services provided, the method of displaying the Content, etc.;
2. The Content, such as defined in the preamble, including but not limited to logos, stylized representations, commercial symbols, still
images, dynamic images, text and/or multimedia content presented on the ALGOCADEMY Platform, are the exclusive property of
ALGOCADEMY, which reserves all rights obtained in this respect, directly or indirectly, (by licenses for use and/or publication);
3. Any use of the Content for purposes other than those expressly permitted by this Agreement is prohibited;
4. The User does not have the permission to copy, distribute, publish, transfer to third parties, amend and/or otherwise alter, use, display,
include any Content in any context other than the original intended by ALGOCADEMY, include any Content outside the ALGOCADEMY
Platform, remove the signs that signify the copyright of ALGOCADEMY over the Content as well as the participation in the transfer, sale,
distribution of materials made by reproduction, amendment or display of the Content, except for the cases where he has the express
written consent of ALGOCADEMY;
XVI. MINORS
1. The ALGOCADEMY Platform is not intended for use by minors and, in this regard, if the data provided when creating the Account reveals
that the person intending to access the ALGOCADEMY Platform is a minor, ALGOCADEMY may refuse to create such Account;
2. As an exception, ALGOCADEMY shall allow the use of the ALGOCADEMY Platform by minors, as long as they comply with the provisions
of art. 42 of the Civil Code, within the meaning that the ALGOCADEMY Platform serves their professional development. When placing
any Order, minors must prove that they have the consent of the parents or of the legal guardian for contracting.
XVII. FINAL PROVISIONS
1. Severability. ALGOCADEMY and Users will not be considered, under any circumstances, as associates or partners in a legal structure,
nor as subordinates in any way to each other. The user will exercise his activity on the ALGOCADEMY Platform at his own risk and on
his exclusive responsibility.
2. Confidentiality. The parties understand the sensitive nature of the information exchanged when they collaborate on the ALGOCADEMY
Platform and undertake to maintain their confidentiality, guaranteeing that this confidentiality shall be complied with also by their
respective employees, collaborators, partners and subcontractors, if the case. Confidential information shall be considered all that
information exchanged between the Parties in this cooperation, regardless of the method of transmission, except information which: (i)
are public on the date of their disclosure or are made public after their disclosure, without the intervention of the recipient of the
information, (ii) were already known by the recipient of the information at the time of their disclosure, (iii) cannot be considered
confidential according to the law.
3. Fortuitous Case and Force Majeure. The liability of ALGOCADEMY, respectively of the User, shall be set aside when the damages are
caused by a fortuitous case or force majeure, as they are defined by law.
4. Notices. The Notices shall be made in writing, electronically, via the interface of the ALGOCADEMY Platform or by e-mail.
For ALGOCADEMY, the e-mail address is: team@algocademy.com
For the User, the contact details are provided by the User upon the conclusion of the Agreement. The accuracy of these contact details
represents the exclusive responsibility of the User.
5. Assignment. The User shall not be allowed to assign to third parties his rights and obligations arising from this Agreement without the
prior written consent of ALGOCADEMY.
6. Applicable Law. This Agreement is governed by the Romanian law. The disputes arising between the Parties shall be amicably settled
or, in case the amicable settlement fails, by the relevant courts of law who have jurisdiction over the headquarters of ALGOCADEMY.
ANNEX 1 – Protection of personal data (“GDPR Policy”)
In accordance with the (EU) Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free
movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the "GDPR Regulation"), ALGOCADEMY EDUCATIONAL TECH
SRL (hereinafter referred to as “ALGOCADEMY”) implements a personal data processing system in full compliance with the GDPR Regulation.
1. SPECIFIC DEFINITIONS OF THE “GDPR” POLICY
Special categories
of Personal Data
personal data concerning the health, sexual life or sexual orientation of an individual, as well as any other such data which
fall within the special categories of personal data governed by the GDPR Regulation;
Personal Data
any information concerning an identified or an identifiable individual, who is protected based on the applicable EU Laws
and Regulations on the protection of personal data. Within the scope of this GDPR Policy, Personal Data include the Special
Categories of Personal Data (as defined above);
Personal
Data Processing
any operation or set of operations performed on Personal Data, with or without the use of automated means, such as, for
example, the collection, registration, organization, structuring, storage, adaptation or modification, extraction, consultation,
use, disclosure by transmission, dissemination or making available by any other means, alignment or combination,
restriction, deletion or destruction of such Data;
GDPR
Regulation
9. (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of
natural persons with regard to the processing of personal data and on the free movement of such data, and repealing
Directive 95/46/EC;
2. USERS’ RIGHTS
1. The rights that the Users have in accordance with the GDPR Regulation are the following:
1. the right of access to Personal Data;
2. the right to rectify Personal Data, which includes both the right to amend and the right to supplement them;
3. the right to delete Personal Data (the right “to be forgotten”), upon the express request submitted by the User in this regard, in case the
User withdraws the consent that he had initially expressed for the processing, as well as when the purposes for which the Personal Data
have been collected and processed have disappeared, including the situation where the effects of the Agreement concluded between
ALGOCADEMY and the User cease, as well as in any other situation laid down by the law;
4. the right to restrict the processing of Personal Data, as regulated by the GDPR Regulation;
5. the right to Personal Data portability;
6. the right to object to the processing of Personal Data.
The exercise of the rights provided in this section is achieved by the User’s submission of a request by which he proves his identity. The actual
request shall be communicated to ALGOCADEMY by e-mail to the e-mail address: team@algocademy.com
2. THE OBLIGATIONS OF ALGOCADEMY
1. ALGOCADEMY undertakes to process only the Personal Data provided by the Users, processing which the Users have expressly consented
to, by creating the Account on the ALGOCADEMY Platform, without any kind of constraint from the part of ALGOCADEMY or from the part
of a third party.
2. ALGOCADEMY undertakes to process Personal Data only for the purpose of implementing the Agreement, as agreed by the Parties.
3. ALGOCADEMY undertakes to be in compliance with the confidential nature of the information provided by the Users.
4. ALGOCADEMY undertakes to immediately process the requests submitted by the Users, under the conditions of art. 2.2 of this Annex, but
no later than 30 days from the receipt date of such requests.
5. ALGOCADEMY undertakes not to charge any Tariff for the exercise of the User's rights, as referred to in point 2 of this Annex.
6. ALGOCADEMY undertakes to implement the appropriate technical and organizational measures to ensure the following objectives:
1. Prevention of unauthorized access to Personal Data;
2. Prevention of unauthorized disclosure of Personal Data;
3. Ensuring that ALGOCADEMY employees and collaborators process Personal Data only upon the latter’s request;
4. Ensuring an adequate security system proper for the processing risk;
5. Minimization of the Personal Data that need to be collected in order to ensure the purpose of processing;
6. Ensuring the confidentiality of Personal Data.
3. COLLECTION OF PERSONAL DATA
1. The Personal Data provided by ALGOCADEMY by creating the Account on the ALGOCADEMY Platform, as well as those provided by
posting various Comments on the ALGOCADEMY Platform, as well as the IP address associated with computers connected to the Internet
and used by the Users to access the Platform represent Personal Data susceptible of being collected and processed by ALGOCADEMY.
2. ALGOCADEMY integrates the option of creating the Account via Facebook or Google account. The latter webpages are managed by
Facebook Inc. and Google LLC, respectively. In these situations, the User shall be redirected to the webpage he opted for, webpage which
allows the User to decide which Personal Data are transferred to ALGOCADEMY, as well as to decide on the completion of this transfer.
The confidentiality policies of Facebook and Google, respectively, may be consulted by accessing the following hyperlinks:
● https://www.facebook.com/about/privacy;
● https://policies.google.com/privacy.
3. Special categories of personal data are collected and processed only under the conditions set out in the GDPR Regulation.
ALGOCADEMY does not condition in any way the access to the ALGOCADEMY Platform by the prior collection of Special Categories of
Personal Data, but processes them only to the extent that they become known to ALGOCADEMY by the will of the User and provided that
such processing is necessary for the fulfilment of the scope of the Agreement.
4. ALGOCADEMY is not processing the Personal Data to which the online payment processor with which ALGOCADEMY has concluded a
collaboration agreement has access.
4. PERSONAL DATA RECIPIENTS
1. Personal Data are meant for the authorized personnel of ALGOCADEMY for the purpose of fulfilling the Agreement and shall not in any
case be transferred or rented, free of charge or for a fee, to third parties. Achieving this scope may include the following:
1. Behaviour management on the ALGOCADEMY platform;
2. Making Statistics on various topics related to the ALGOCADEMY Platform, which will be unilaterally established by ALGOCADEMY, at
a subsequent time;
3. Establishing some Marketing policies;
4. Defending the legitimate rights and interests of ALGOCADEMY or of other Users, if such be the case.
2. Personal data will not be disclosed to persons other than the personnel of ALGOCADEMY and its collaborators, respectively:
1. authorized companies or individuals who carry out software development activities and who collaborate with ALGOCADEMY for the
purpose of developing/amending/updating the ALGOCADEMY Platform;
2. companies that provide cloud hosting and storage services for the ALGOCADEMY Platform;
3. companies contracted by ALGOCADEMY for the delivery of messages, e-mail and SMS;
4. companies contracted by ALGOCADEMY for the processing of electronic payments, such as PayPal or stripe.com, which has
implemented its own GDPR/confidentiality policy, which may be consulted by accessing the following link:
https://www.paypal.com/ro/webapps/mpp/ua/privacy-full or https://stripe.com/en-gb/guides/general-data-protection-
regulation.
5. any other companies whose services/products will be contracted in connection with the operation of the ALGOCADEMY Platform.
6. By creating an Account on the ALGOCADEMY Platform, each User represents and warrants that he has previously became aware of
the legal information, of the rules applicable in the field of Personal Data protection and of the conditions of use and that he accepts
the Terms and Conditions without any reserve, amendment or restriction.
5. TERMINATION OF THE GDPR POLICY AGREEMENT
This GDPR Policy Agreement may be terminated in one of the following ways:
1. Deleting the Account from the ALGOCADEMY Platform;
2. Express request for the deletion of the Personal Data that have been collected and processed by ALGOCADEMY and/or its collaborators;
3. Any other way laid down by the law or the GDPR Regulation.
6. TERMINATION OF THIS AGREEMENT IN TERMS OF THE GDPR POLICY AND RETURN OR DELETION OF PERSONAL DATA
1. Upon termination of the GDPR Policy Agreement, but no later than 90 (ninety) days from the date of termination, Personal Data will be
deleted and, if deletion is not allowed from a legal point of view, ALGOCADEMY will return such Personal Data to the User. ALGOCADEMY
may retain those Personal Data for which it is an operator or for the storage of which there is another legal basis, if such be the case.
2. In the context where there is another legal basis for storage, ALGOCADEMY states that it has taken all technical and organizational
measures to ensure that the Personal Data processing, after the termination of the GDPR Agreement, is carried out in full compliance with
the EU Laws and Regulations on Personal Data protection.
3. The parties agree that the deletion of data upon the termination of the GDPR Policy Agreement will have no effect on the data having the
same content, but which are processed by ALGOCADEMY or its collaborators based on another contract concluded by it with third parties,
other than this GDPR Policy.
ALGOCADEMY states that it has appointed a Personal Data Protection Officer (DPO), and the designated person can be contacted at
chiriac.andrei.alex@gmail.com.
