Date: 01 October 2022
The present general terms (“Terms”) serve as a legal basis for and regulate the individual legal contractual relationship between:
- ALBERATO EOOD at district Krasno selo, kv. Lagera, bl. 42A, entr. A, fl. 10, ap. 35, Sofia 1612, Bulgaria, in the process of registration, (“Company”), on one part,
- YOU in your capacity as a natural person and individual USER of the online Training services provided through the Web Site (hereinafter individually referred to as “USER”), on the other part,
the Company and USER collectively hereinafter referred to as “Parties”.
- ICH GCP – Guideline for good clinical practice E6 of The International Council for Harmonisation of Technical Requirements for Pharmaceuticals for Human Use (ICH) in the revision indicated in the Training.
- Training – the training course, including the Materials contained therein, and the test, provided online by the Company. The Training, all Materials and the test will be in English.
- Web Site – the internet site, reachable via the domain www.goodclinicalpractice.academy
- Materials – any data, information and/or content in any form or format, any documents, trainings, test questions, materials and training courses provided by Company to the USER under these Terms.
- Certificate – a digital document issued by the Company to the USER and in the USER’s name in acknowledgement of the USER’s successful passing on the test at the end of the ICH GCP Training, provided by the Company. The Certificate shall be issued in English.
- Fee – the non-refundable monetary amount established by the Company and payable by the USER to the Company as consideration prior each time the USER is granted access to the Training and the test at the end of the Training.
- Subject matter.
- The Parties agree that the Company shall provide to the USER an online Training on ICH GCP accessible through the Web Site and the opportunity to test the USER’s ICH GCP knowledge at the end of the Training. The USER must answer 80% or more questions correctly in order to pass the test and obtain a certificate.
- In order to access the Training the USER shall first register himself/herself by creating a profile account at the Web Site and pay to Company the indicated Fee.
- Rights and Obligations of the USER.
- The USER shall abide by these Terms.
- The USER shall not share his/her password with anyone.
- The USER shall not try to obtain unauthorized access to the Web Site of the Company and to the Company’s data bases.
- The USER shall pay the Company the Fee before accessing the Training course.
- The USER must keep in secret his/her password and/or credentials for accessing the Training and not share them with third parties.
- The USER shall not allow third parties to use his/her profile account for accessing Company’s Materials or services.
- All actions performed from within the USER’s profile account shall be considered as performed by the actual USER and obliging directly the USER.
- The USER must have access to a properly functioning computer (hardware and software) with an undisrupted internet access and power supply in order to take the Training and the test without technical disruptions. In case during the course of the Training or the test, the USER’s access to the test or the Training is disrupted and prematurely terminated, this will be considered as a failed attempt to take the Training and the test and the USER shall have no right for refund.
- The USER must take the test immediately after the online Training course has been completed. In case the USER doesn’t take the test immediately after the Training course, this will be considered as failing the test and the USER shall have no right to claim refund for the paid Fee.
- The USER agrees that the test cannot be taken separately from the Training course.
- The USER agrees that each new request to take the Training, including to take the test, will require the USER to pay a new Fee in full amount.
- The USER shall not seek help from third parties or other information sources when taking the test.
- The USER shall be given 1 attempt to pass the test. If the USER fails the test, the USER shall have no right to claim refund of the paid Fee from the Company.
- The USER shall not have the right to object the test results.
- The USER shall not have the right to see which questions are answered correctly or not.
- The USER shall not have the right to object the test score.
- The USER shall not have the right to claim feedback on his/her performance from the Company, except for a general confirmation if the test is passed successfully or failed.
- The USER shall in no case disclose directly or indirectly any Materials provided by the Company or their content to any third party.
- The USER shall not have the right to use the name, logo(s) and/or domain(s) of the Company.
- The USER agrees and understands that the Certificate shall have a duration of 1 year, starting from the date of the successful passing of the test. Once this 1-year period expires, the Certificate will no longer be valid.
- The USER shall not have the right to modify or alter the Certificate, nor its content, nor its requisites.
- The USER acknowledges that the Training, the Materials and the test will be in English, so the USER must have a good enough command of the English language and be able to read and write in English.
- After the relevant Fee has been paid for the USER and received by the Company, the USER shall have the right to access the Training and take the test at the end of the Training.
- Upon successful passing of the test the USER shall have the right to receive an digital certificate issued in the USER’s name, acknowledging that the USER attended the online Training and successfully passed the relevant knowledge test.
- The USER shall have the right to print his/her personal Certificate and make copies of it.
- The USER shall have the right to show his/her personal Certificate and share it with third parties.
- The USER can translate his/her personal Certificate.
- There shall be no restrictions in the number of Trainings and accompanying relevant tests that the USER can buy and register for.
- Rights and Obligations of the Company.
- After receipt of the Fee for the Training, the Company shall allow the USER access to the Training and to the test at the end of the Training.
- In case the USER forgets or loses his/her password/login credentials, the Company has no obligation to help the USER to restore them.
- Upon successful passing of the test (80 % or more questions answered correctly) the Company shall issue to the USER an individual Certificate.
- The Company shall keep the Certificates for one year after their expiration, after which the Company shall have the right to delete them, without having the obligation to make any back-up copies in digital or paper form.
- The Company has no obligation to provide the Training and/or the test in language different than English.
- The Company has no obligation to issue the Certificate in language different than English.
- The Company has no obligation to re-issue a Certificate that has been lost by the USER.
- The Company has no obligation to provide a copy of a Certificate to the USER or third parties.
- The Company has no obligation to provide the USER with any technical means, computer devices, internet, power supply, etc.
- The Company reserves the right to make changes its Training, Materials, tests, Certificate template, prices, services at any time without notice. In case the Training or Materials are or become outdated, Company makes no commitment to update them.
- When providing its services to the USER, the Company may involve the services, platforms and infrastructure of third parties.
- The Company does not guarantee that the Web Site, as well as Company’s vendors internet-sites, platforms and infrastructure or any content on them, will always be available or be uninterrupted. The Company disclaims any liability to the USER if the Web Site or a Company’s vendors internet-site, platform and/or infrastructure is unavailable at any time or for any period. The Company may change, suspend, or discontinue all or any part of the Web Site without notice.
- The Company disclaims all liability and responsibility arising from any reliance placed on any Training, Materials or Certificate by the USER or any third party.
- The Training, Materials or Certificate are provided are provided “as is” without any warranties, including but not limited warranties of merchantability, fitness for a particular purpose, or non-infringement of third parties’ intellectual property. Company further makes no representations, warranties or guarantees, whether express or implied, that its Web Site, Training/s, Materials, test assessment, or Certificate/s, as well as Company’s vendors internet-sites, platforms and infrastructure are complete, accurate, up to date or operating/functioning. The Company shall have no obligation to maintain any licenses or certifications. This section shall continue to exist for 10 years after the termination or expiration of the legal relation between the Parties.
- The Company makes no warranties or guarantees that its Web Site and/or the internet-sites, platforms or infrastructure of Company’s vendors will be secure or free from viruses or bugs. Links to external internet sites are provided only for USER’s convenience and they are not checked, reviewed or controlled by the Company and the Company assumes no responsibility and liability if following such links may harm USER’s software and/or hardware.
The Company’s liability in case of slight negligence is excluded. The aggregate liability of the Company to the USER shall be limited to up to 50 EURO. This section shall continue to exist for 10 years after the termination or expiration of the legal relation between the Parties
Except for the personal Certificate issued to the particular USER, the content of the Web Site, the Training and its content, the test questions and test format, the content of the present Terms, as well as all Materials, provided by the Company, are strictly confidential, belong exclusively to the Company and the USER shall not disclose them to any third parties, unless required by a court order. This section shall continue to exist for 10 years after the termination or expiration of the legal relation between the Parties.
These terms shall be effective as of the date the USER accepts it and shall last for 3 year after the USER has last entered into his/her account at the Web Site of the Company or for 3 year after the USER’s last issued Certificate expires – whichever occurs later.
- These Terms shall be interpreted and governed by the law of the Republic of Bulgaria. All legal disputes shall be brought to the competent courts in Sofia, Bulgaria.
- These Terms are subject to change by Company at any time without notice. It is USER’s obligation to check for changes regularly. The use of the Company’s Web Site and/or services by the USER after such changes in the Terms constitute acceptance of those changes by the USER.