Terms and conditions
GENERAL TERMS AND CONDITIONS FOR USING THE "ONLINE COURSE" SERVICE, AVAILABLE WITH A REFERENCE THROUGH THE PRIOBSHTI.SE WEBSITE AND DIRECTLY THROUGH THE SUBDOMAIN OF THE SITE https://e-learn.ela-bg.eu
This document contains the General Terms and Conditions for the use of the informative services and resources provided by the ELA Shared Learning Association, called "online courses", with a link through the portal website https://priobshti.se (hereinafter referred to as the "Website") and through the subdomain https://e-learn.ela-bg.eu on the main site ela-bg.eu (hereinafter referred to as the "Platform for e-learning") and regulates the relations between the Association and each of their users.
In the interpretation and application of these General Terms and Conditions, the terms and expressions used will have the following meaning:
1."IP address" is a unique identification number used by machines, which identifies them when they send and receive information via the Internet or a local network, connecting to a user's page or resource, via an Internet protocol, giving possibility for these machines to be located in the global Internet network.
2. ELA Shared Learning Association (hereinafter referred to as ELA) is a non-profit legal entity for public benefit, registered under a company. case № 4445/2007, according to the inventory of the Sofia City Court, UIC 175256518, with registered office in Sofia and address of management: Sofia 1000, 133 Knyaz Boris I Str., and correspondence address Sofia 1000, Knyaz Boris I Str. № 133, tel. (+ 359 2) 870 20 63, e-mail: firstname.lastname@example.org, which provides the services subject to these General Terms and Conditions.
3. "USER" is any person or entity who uses the platform for e-learning.
4. Online courses are a service provided for use at https://e-learn.ela-bg.eu and which can be accessed through the main portal website https://ela-bg.eu, as well as through a link from the website https://priobshti.se. The service is a series of trainings and the accompanying materials provided electronically for use by the user. This service requires registration in the e-learning platform, and access to each paid course is purchased separately. Access to the free course is given after registration in the platform.
5. "User profile" is a separate part of the e-learning platform, containing individual information about the user, which is provided by them during registration on the website. The access to the respective user profile is carried out by means of a user name and password.
6. "Username" is a freely chosen by the respective user free combination of letters and / or numbers, which individualizes the user in the e-learning platform and which cannot coincide with the username of another user.
7. "Password" is a code of letters and / or numbers freely chosen by the user, which together with the username individualizes the user in the e-learning platform.
8."Malicious actions" are any actions or omissions that violate Internet ethics or that cause harm to persons connected to the Internet, including but not limited to sending spam (SPAM, JUNK MAIL), channel overflow (FLOOD) , gaining access to resources with rights that belong to others and passwords, using vulnerabilities in systems for own benefit or obtaining information (HACK), performing any actions that may qualify as industrial and commercial espionage or sabotage, damage or destruction of systems or data sets (CRACK), deliberately sending "Trojans" or installation of viruses or remote control software, loading of unwanted content such as "pop up", disrupting the normal operation of other Internet users, as well as performing any actions that may qualify as a crime or administrative violation under Bulgarian legislation or other applicable law.
9. "Electronic link" (link / hyperlink) is a link indicated on a certain Internet page, which redirects the reader to some other element of the page or to another information resource or object outside the page or site, which are located locally or in a computer network.
10. "Webpage" (page) is a part of a website, which may be an integral or separate part of it.
11. "User Content" means any data (information, text, sound, videos, files, software and programs, music, photos, graphics, electronic links, and any other material, including, but not limited to, opinions and comments), which the user has on the e-learning platform.
12. "Commercial message" is an advertising or other type of communication, which aims to present a good or service provided by a person or entity engaged in commercial activity or exercising a free profession.
13. “Accidental event” is an unforeseen circumstance of extraordinary or force majeure nature at the moment of concluding the contract for provision of the respective service, which makes the performance objectively impossible.
14. The use of the paid service "online course" is performed by the USER after preliminary registration, acceptance of these General Terms and Conditions, creation of a user profile with a username and password and payment of the respective course.
15. The use of the free service "online course" is performed by the USER after preliminary registration, acceptance of these general terms and conditions and the creation of a user profile with a username and password.
16. The contract that each USER concludes with the ELA Shared Learning Association is valid from the moment of acceptance of the General Terms by the User and registration in the e-learning platform. The contract is valid for an indefinite period until its termination under these General Terms and Conditions.
17. These General Terms and Conditions are available on the e-learning platform.
18. Upon registration, the USER declares that he has read and is familiar with the General Terms and conditions, agrees with them and undertakes to comply with them. This is done by checking the box "I agree with the General Terms and conditions" upon initial access to the e-learning platform, which is an electronic declaration within the meaning of the Electronic Document and Electronic Certification Services Act.
III. CHANGES TO THE GENERAL TERMS AND CONDITIONS
19. These General Terms and Conditions may be changed by the ELA Shared Learning Association in case of a change in the services offered. ELA Shared Learning Association is obliged to bring them to the attention of each USER, through their publication on the local page of the e-learning platform, within a reasonable time before the entry into force of the changed General Terms and Conditions. In case a registered USER expresses his/hers disagreement with the changes in the General Terms and Conditions, this will lead to the automatic termination of the registration of the USER and denial of access of the services used by the USER. In this case, the ELA Shared Learning Association has the right to terminate the USER's access to his/hers account and to delete all of the USER’s information from the server of the e-learning platform.
IV. Prices AND METHODS OF PAYMENT
20. Prices for paid online courses are announced on the website as well as in the e-learning platform. They include VAT and include:
- Use of all content available within the online course for the registration period;
- Assessment of what has been learned through online tests, questionnaires and other tools within the online course;
- Accompanying assistance from ELA in case of questions or irregularities during the online course;
- One-time issuance of an electronic certificate upon completion of the course.
21. Fees shall be paid in cash, at the office of the ELA Shared Learning Association, by bank transfer or by bank card, through the online payment system of the e-learning platform. Bank: UniCredit Bulbank IBAN: BG85 UNCR 7000 1523 1150 44 BIC CODE: UNCRBGSF Holder: ELA SHARED LEARNING ASSOCIATION. When paying by bank transfer, the payment order must contain the name and surname of the participant and the name of the course, which is being bought.
22. After successful accounting of the payment, the USER receives individual access to the respective training.
23. The USER takes responsibility not to provide access and / or data for access to the account and the electronic trainings activated by them to third parties.
V. USER NAME AND PASSWORD. PERSONAL user PROFILE
24. Upon registration, each USER chooses an available username and password. In case the selected username is available, the USER receives it and it serves for access to his/hers user profile, and thus the opportunity to use all the services of these General Terms and conditions.
25. Each USER is entitled to only one active user profile on the e-learning platform. The USER has no right to register under someone else's name or using someone else's identity. ELA Shared Learning Association may refuse registration of such USER or delete an existing one, and is not responsible for the resulting consequences.
26. ELA Shared Learning Association is not responsible for the choice of the username of the USER, as well as for the fact that it does not affect the rights of third parties, the right to a trade name or other rights that are the subject of intellectual property.
27. The USER should keep in mind that in order to issue an individual certificate for successfully completed course, it is necessary to enter their name and surname in the relevant fields in their profile. The way they entered the names in their account is identical to the way they are entered in the certificate.
VI. RIGHTS AND OBLIGATIONS OF THE USER
28. Each USER has the right to use the e-learning platform only for personal use in strict compliance with these General Terms and Conditions. In case the USER uses, cites or refers to material published on the e-learning platform, he/she is obliged to note this instance, indicating the source and attaching a link to it.
29. When using the e-learning platform each USER is obliged not to violate these General Terms and Conditions and not to perform any malicious activities.
30. Each USER has the right to refuse the use of the e-learning platform by terminating their registration. From the moment the USER terminates their registration, the contract between the parties is considered terminated. The consequences of termination are immediate - ELA Shared Learning Association terminates the USER's access to their account and has the right to delete from its servers the entire user’s content.
31. If the USER decides to terminate their registration, the ELA Shared Learning Association is not obliged to refund partially or fully the fee paid by the USER.
32. In order to ensure the best possible conditions for taking the online courses, the USER is obliged to promptly notify the ELA Shared Learning Association for any irregularity found by the USER.
VII. RIGHTS AND OBLIGATIONS OF THE ELA SHARED LEARNING ASSOCIATION
33. Association for shared learning ELA is not obliged to control the way of use by the USER of the e-learning platform. There is no obligation for the ELA Shared Learning Association to monitor the information stored on its servers or on the servers of other partnered organizations as well as to search for or monitor facts proving the performing of any illegal activity by the USERS.
34. In view of the provisions of the current legislation in the Republic of Bulgaria, ELA Shared Learning Association stores on its servers information and resources of registered USERS and may provide them to the competent authorities when they are required by law, violate rights and legal interests of third parties or to assist the relevant authorities in providing the data by the contractor.
35. Shared Learning Association ELA has the right at its own discretion to suspend or restrict access of a USER to the e-learning platform, at the discretion of the Association or if it can be concluded from information provided by third parties that the USER uses the services in conflict with these General Terms and Conditions and regulations.
36. ELA Shared Learning Association is not obliged to remove or hide user content located on the e-learning platform at the request of the USER who published it, except in cases where the registration is terminated and the USER has requested the removal of all user content.
37. When a USER of a free course does not use their account for 120 days after the initial registration or has not visited it for 365 days, the ELA Shared Learning Association has the right to terminate the USER’S registration and delete all user content from its servers. From this point on the contract with the USER is considered terminated.
38. The ELA Shared Learning Association has the right to suspend, limit or change the services provided to the USER, as well as to notify the competent authorities if the USER in question violates the applicable legislation or these General Terms and Conditions. The same applies to the cases when the ELA Shared Learning Association receives information giving sufficient grounds to believe that the behavior of the USER in using the services could constitute a crime or an administrative violation. In these cases, the ELA Shared Learning Association shall not be liable for any damages and lost profits suffered by the USER or third parties as a result of suspension, restriction or modification of the Services.
VIII. INTELLECTUAL PROPERTY
39. All materials provided in the online courses and developed by the ELA Shared Learning Association - didactic, informational and methodological materials, documentation, presentations and audio-visual, photographic works and works created in a manner analogous to photographic (hereinafter referred to as “Materials ”), are subject to exclusive copyright belonging to the Association.
40. The ELA Association prohibits the provision of access, publication and public distribution to others for any purpose. When quoting parts of the Materials, users should state unequivocally that the copyright rights belong to the ELA Shared Learning Association.
41. USERS should be aware that for infringement of another's copyright they bear administrative responsibility under Chapter XIII of the Copyright and Related Rights Act and criminal liability under Chapter III, Section VII "Crimes against intellectual property" of the Criminal Code.
42. When a USER posts content on the e-learning platform, he grants the ELA Shared Learning Association a non-exclusive right to use it, distribute it publicly on the Internet, including providing access to it to an unlimited number of people without remuneration and without territorial restrictions (for the whole world).
43. In the event that a USER publishes content on the e-learning platform that infringes the intellectual property rights of third parties, he is liable for any damages and other adverse consequences arising from this circumstance.
44. If a USER or a third party considers that another USER has infringed his copyright or intellectual property rights, they must notify the ELA Shared Learning Association in writing, at the address of management specified in these General Terms and Conditions, or electronically to the e-mail address indicated for contacts with the ELA Shared Learning Association. The notification must specify the material allegedly infringing the relevant rights, as well as the person/persons holding that right.
IX. PROTECTION OF PERSONAL DATA
45. The ELA Shared Learning Association takes all necessary care in connection with the collection and storage of personal data of each USER, guided by the provisions of the Personal Data Protection Act and Regulation (EU) 2016/679 (General Regulation on the protection of personal data).
46. When registering for use of the e-learning platform, the User explicitly gives consent to the ELA Shared Learning Association to collect, process and store personal data and information about him/her. This information is used to identify him/her and includes information that must be provided in order to use the sites, namely username, email address, password, location (in order to determine the time zone), name and surname (in order to issue an individual certificate of successful completion of a course), as well as information that the USER enters voluntarily, such as a photo and others. In addition, the servers of the ELA Shared Learning Association can automatically store information that a USER device sends to them.
47. The legal grounds for collecting and processing personal data of the user are: 1) The processing is necessary for the use of information services and resources provided by the ELA Shared Learning Association, called "online courses" and the provision of mandatory personal data and consent to these General Terms and Conditions are a mandatory prerequisite for such use (Article 6, paragraph 1, letter b of Regulation (EU) 2016/679 (General Regulation on Data Protection)). 2) The explicit consent of the User to provide the data entered voluntarily, which consent is given by filling them in and accepting these General Terms and Conditions (Article 6, paragraph 1, letter a of Regulation (EU) 2016/679 (General Regulation on Data Protection)).
48. When filling in the registration form by each USER, the ELA Shared Learning Association is obliged to indicate which fields from it are obligatory and which are of a voluntary nature. The ELA Shared Learning Association undertakes to collect and use the information provided by USERS only for the purposes provided in these General Terms and Conditions and in strict compliance with the requirements of the Personal Data Protection Act and Regulation (EU) 2016/679 (General Regulation on the protection of personal data).
49. The ELA Shared Learning Association may use the collected information for the following purposes: 1) for user registration; 2) to organize payment for the service; 3) for issuing certificates for completed trainings; 4) to keep internal statistics on the type of users (position, location, size and type of school) who use the services; 5) to assess the activity of a USER, based on information that a USER device sends to the servers of the ELA Shared Learning Association, which the servers store automatically; 6) for direct marketing, i.e. to offer USERS participation in various surveys and inquiries, invitations to events, including the sending of commercial messages.
50. The information and personal data provided by a USER to the ELA Shared Learning Association will be stored for the duration of the service, and the ELA Shared Learning Association undertakes to delete them within half a year from the termination of the registration.
51. All information related to the services provided through the e-learning platform is stored on the servers of СуперХостинг.БГ ООД, to which the ELA Shared Learning Association has purchased a service, which gives access to server space. Regarding the personal data that the ELA Shared Learning Association processes using the services of СуперХостинг.БГ ООД, СуперХостинг.БГ ООД acts as a processor of personal data.
52. The purposes and principles for personal data processing, to which СуперХостинг.БГ ООД adheres, are described in the section Mandatory information about the rights of persons for personal data protection on the company's website.
53. The ELA Association for Shared Learning has determined in its contract with СуперХостинг.БГ ООД the same level of personal data protection as it has agreed in the present general conditions. According to the contract, СуперХостинг.БГ ООД is also required to apply the necessary safety and security measures to protect the personal data of Users, as well as to delete or return the personal data that it processes in connection with its contract with the ELA Shared Learning Association. Upon termination or expiration of this contract.
54. The ELA Shared Learning Association may assign to other third party the processing and storage of data related to the use of the e-learning platform only on the basis of a contract between the ELA Shared Learning Association and the data processor. Under the contract, the data processor will also be required to apply the necessary safety and security measures to protect the personal data of the Users, as well as to delete or return the personal data, processed in connection with their contract with the ELA Shared Learning Association. Upon termination or expiration of this contract.
55. In case a third party which processes data under a contract with the ELA Shared Learning Association wishes to use subcontractors for this purpose, the contract with the ELA Shared Learning Association will provide for the obligation to notify the ELA Shared Learning Association of them, as The ELA Shared Learning Association will be able to object to any specific subcontractor. The contract between the ELA Shared Learning Association and the data processor will require specification in the contracts with its subcontractors for the same level of personal data protection as agreed with the ELA Shared Learning Association.
56. USERS have the right to request from the ELA Shared Learning Association access to the data collected about them, correction of inaccurate data, deletion of the collected data or restriction of processing of this data. Users also have the right at any time to withdraw their consent to the processing of voluntarily provided personal data by contacting the ELA Shared Learning Association at the address, e-mail or telephone number specified above in these General Terms and Conditions. In the event that Users terminate their registration, they may request the ELA Shared Learning Association to delete all data stored by them.
57. USERS have the right to receive personal data concerning them which they have provided to the ELA Shared Learning Association, in a structured, widely used and machine-readable format and have the right to transfer this data to another administrator without hindrance from the ELA Shared Learning Association (the so-called data portability right). When exercising the data portability right, USERS have the right to receive a direct transfer of personal data from the ELA Shared Learning Association to another administrator, when this is technically feasible.
58. If USERS consider that the collection and processing of data violates the provisions of Regulation (EU) 2016/679 (General Regulation on Data Protection) or Bulgarian law, they have the right to file a complaint to the competent supervisory authority in the Republic of Bulgaria, namely: Commission for Personal Data Protection - Address for correspondence: Sofia 1592, 2 Prof. Tsvetan Lazarov Blvd. Phone: 02 915 3 518 Website: www.cpdp.bg
X. LIMITATION OF LIABILITY
59. The ELA Shared Learning Association is not responsible for damages and lost profits suffered by the USER or third parties as a result of terminated or deleted registration, suspension or restriction of any type of service.
60. By accepting these General Terms and Conditions, each USER declares that they are aware of and agree to the possibility of disruptions and interruptions in the use of the e-learning platform and declares that they will not want compensation from the ELA Shared Learning Association in this instance.
XI. OTHER TERMS
61. All disputes between the parties shall be settled on the basis of an understanding, and in case such an agreement is not reached - in court. These General Terms and Conditions have been adopted by Order №134 / 15.12.2019 of Iva Boneva, Executive Director of the ELA Shared Learning Association and shall enter into force upon activation of the platform, but not earlier than 15.01.2020.