TERMS & CONDITIONS FOR ONLINE TRAININGS

The following constitute the terms and conditions for the use of adaptive.run website (hereinafter referred to as “Terms & Conditions”) and they establish the conditions under which any person can access and use its content, including the Online Learning Centre. The Terms & Conditions below have the value of an agreement between the user and the company TECH ADAPTIVE RUN S.R.L. (hereinafter referred to as “adaptive.run”), the owner of the site and they are enforceable between the parties.  

Any visitor or user of the website has the obligation, before visiting or using the pages of the site, to read and study carefully the Terms & conditions and the Privacy policy (hereinafter referred to as “PPD”).

In case of not accepting these Terms & conditions, the user is asked to leave the site and to abandon its use. Continuing to browse the site implies the full and unconditional acceptance of these Terms & Conditions and of the PPD.

adaptive.run assumes and reserves the right to make any changes to the provisions of the Terms & Conditions and of the PPD at its sole discretion, to delete or add any information, to suspend or discontinue the use of the site or any part of it, at any moment and without any prior notification, and the visitor / user of the site agrees and accepts this provision.

1. Definitions

Within these Terms & Conditions, unless otherwise stated in the context, the expressions mentioned below have the following meanings:

adaptive.run / we – means TECH ADAPTIVE RUN S.R.L., the company providing the services found on the website and the owner of the site;

agreement – means accepting and being bound by these Terms & Conditions and the PPD, either by clicking any “register” button indicating registration for any adaptive.run online training or by executing an order form that constitutes an agreement or by using or accessing any adaptive.run training material;

content – means any text, image, graphics, photo, drawing, audio, video, scripts and any other form of information that can be stored on a computer and is contained by the training material;

customer / you / your – means any individual and / or company, other legal entity or its affiliates that has the authority, agrees and binds themselves to these Terms & Conditions;

order form – means a request made by a user in order to access one or more online trainings, under these Terms & Conditions and through means of distance communication;

participant – means any person who takes part in an online training or course provided by adaptive.run;

party – means any individual with full exercise capacity or legal entity that through its authorized representative enters an agreement with adaptive.run and agrees with these Terms & Conditions;

privacy policy / PPD – means the provision of information regarding the confidentiality and processing by adaptive.run of the personal data of the customer and is integrated in these Terms & Conditions;

site / our site – means the website www.adaptive.run (or www.adaptiverun.com or www.cloudrun.ro) as well as any section and subsection thereof;

training / admission fee – means the fee paid by you for an online course or training to adaptive.run;

training material – means any material or document provided by adaptive.run in relation with a training or an online course;

transaction – means the payment operation carried out by the customer, respectively the collection by adaptive.run of a sum of money as a result of the placing of an order form for the products provided;

user / visitor – means any person that accesses our website.

2. Booking

In order to be able to legally place an order for booking an online training, the participant must (i) be at least 18 years old and / or have full exercise capacity; (ii) provide real, complete and up-to-date contact information; (iii) expressly and unconditionally accept these Terms & Conditions.

The data and information provided on the online learning presentation page does not represent an offer from adaptive.run, but an invitation to offer.

adaptive.run online trainings can be booked via the event information and booking pages available on the website. After registering in any online training course you will receive an automated summary email of your selection. adaptive.run will accept your offer by entering your booking onto the system and sending you an email confirming that your booking was successful alongside with the information regarding the online training. Trainings are valid only for the specific date and time specified in your booking.

You must ensure that the details and contact information provided by you on registration or at any time are valid, correct and complete.

adaptive.run reserves the right to block the access of any user who violates these rules, as well as to address the competent authorities in order to repair the eventual damage suffered.

We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more online trainings. In such circumstances, no contract will arise between the parties and we will have no liability to you.

We also reserve the right to withdraw or block at any time online trainings advertised for sale on the website and / or in any other event information.

3. Price and Payment Method

All payments are due in Euro at the time of purchase. Sales taxes (VAT, commissions etc.), if any, are charged at the applicable rate depending on the product and / or customer.

adaptive.run reserves the right to modify or update at any time the price of the online trainings, such an update replacing any other price previously displayed for that product. This will not affect products that have already been purchased.

Online training admission fees can be paid at the point of booking via Paylike’s secure online payment process, by credit or debit card (Visa or Mastercard). adaptive.run is not and cannot be held liable for any additional costs incurred by the customer regarding the price of the product purchased, including but not limited to transfer or currency conversion commissions applied by the issuing bank of the customer's card, if the card issuing currency is different from the currency in which the sale is made.

In all cases, payment must be made by the customer and received by adaptive.run prior to start of training.

adaptive.run will issue to the customer an invoice for the product purchased, based on the information provided, legally required to issue the invoice. The invoice for the order placed will be sent to the customer in electronic format, by electronic mail, to the email address indicated in the order form.

Please note that if you do not provide accurate details, if your credit card company does not authorize or invalidates the payment or if the transaction will be invalidated for other justified reasons by the card processor approved by us, your application will be deemed void. adaptive.run will not accept any liability for costs incurred as a result of applications deemed void in this manner.

4. Cancellation

4.1. Cancellation by customer

Notice of a training participant’s intent to cancel a registration must be made by emailing hello@adaptive.run or onlinetraining@adaptive.run.

Should the cancellation be made no later than 8 days prior to the start date of the training activity, you are entitled to a full reimbursement of the training fee paid.

However, failure to comply with the cancellation term listed above, you agree to pay us a penalty fee, as follows:

(i) a penalty of 50% of the training fee if the cancellation request is received within 3 to 7 days prior to the start date of the training activity;

(ii) a penalty of 100% of the training fee if the cancellation request is received later than 3 days prior the start date or after the commencement of the training activity.

Please note that adaptive.run is not liable and  unable to reimburse any currency conversion fees charged by the credit-card issuer and refunds will be issued to the paying credit/debit card. The reimbursement is expressly limited to the events stated above and no refunds shall be made outside the scope of the hereby clause. 

4.2. Cancellation by adaptive.run

adaptive.run reserves the right to cancel training courses, change online platform, change instructors or change course content.

In the event that a course must be canceled, the participants will be informed at least 2 days prior to the start of the course. Participants will be notified via email.

adaptive.run will make every effort to avoid any cancellations. In case of a cancellation, the participant will receive a full refund of the training fee to the paying credit/debit card.

5. Your Obligations

The access to the online training and to the training materials is restricted to the participant’s sole use and is granted exclusively to the customer. Therefore, you may not allow anyone else to access the online training courses via your log-in details provided by adaptive.run. You must comply with all safety rules and regulations and any other reasonable security requirements that apply at the premises at which the online training is provided.

In your interaction with adaptive.run (including, but not limited to telephone calls, emails and instant chats) you agree to conduct yourself respectfully and in a civilized manner at all times. As a participant of the online trainings, you agree that you shall not, under any circumstances, use abusive language or harass staff. adaptive.run reserves the right to determine what constitutes abusive language and harassment and where that has occurred and may, partially or completely, deny service to any infringing party.

Considering the above mentioned, adaptive.run reserves the right to remove any participant from a training course whose behavior is deemed inappropriate by adaptive.run or its trainers. In these circumstances, we will neither refund any training fees nor reimburse any other costs.

The participant undertakes to comply with the prohibition of multiplication, use or distribution, in whole or in part of the training materials for their use outside the purpose for which they were provided, without the prior written consent of adaptive.run.

6. Assignment

Any services provided by us under these Terms & Conditions are personal to you and cannot be transferred or assigned to any other person.

We shall be entitled to assign these Terms & Conditions to any other company without prior notice to you.

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

7. Limitation of Liability

adaptive.run does not accept responsibility for any person acting as a result of the information within, or the views expressed on, its training courses including training materials.

To the maximum extent permitted by law, adaptive.run shall not be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, even if informed of the possibility of such damages in advance. To the maximum extent permitted by law, adaptive.run aggregate liability to the other party shall not exceed the amount actually paid by the participant to adaptive.run for the training giving raise to a claim.

adaptive.run undertakes no declaration, promise or guarantee regarding the accuracy, correctness or completeness of the online training content, nor any obligation of result or diligence regarding the materials, documents or their content. adaptive.run expressly excludes liability for any cost, loss or damage suffered as a result of the use of the training materials and information, as well as any intention that the product provided will fully meet the needs of the customer.

We will not, under any circumstances, be liable for any costs, claims or damages that you may sustain or suffer as a result of registering for and/or participating in any course or other service offered by us which is not relevant, suitable or does not meet yours and/or any relevant industry requirements. Under no circumstances do we guarantee your suitability for a particular training based on the levels of difficulty. We cannot, under any circumstances, be held liable to you for any costs, claims or damages, if after the completion of a course you are not able to obtain employment or a promotion within your chosen field of study, or any other outcome you may believe completing a training will assist you to attain.

Although adaptive.run aims to provide the trainings 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 programs or training materials and any reliance by the participant 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.

adaptive.run shall not be liable for any damages caused to the customer or any third party following the fulfillment by adaptive.run of any of its obligations under the order form, nor for any damages that may result from the participant’s improper use of the training materials and information provided.

adaptive.run is not responsible for any damage caused by any kind of technical malfunction of the site or the impossibility of finalizing the order placed that is independent of its own fault.

8. Warranty and Disclaimer

adaptive.run ensures that all our online training services are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards. The training services will be performed as described in the individual class schedules.

adaptive.run shall provide such trainers to deliver the online training course as it, in its sole discretion, deems fit and adaptive.run shall be entitled at any time to substitute any trainer with any other person who, in adaptive.run sole discretion, it deems suitably qualified to deliver the relevant course.

adaptive.run does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.

The online trainings and training materials are provided “as is”. There are no warranties, express or implied, by operation of law or otherwise for the use or results of the training and materials, that you will successfully complete the training, or that any particular level of knowledge will be attained by you.

adaptive.run disclaims any implied warranties including the implied warranties of merchantability and fitness for a particular purpose.

9. Ownership and Intellectual Property Rights

All Training Material is owned by adaptive.run.

All intellectual property rights in all Training Material available, including the design, graphics and text of all printed materials and the audio and video of all online trainings, are owned by adaptive.run.

When you are given access to the Training Material, you are granted a non-exclusive, non-transferable, revocable license to use the online training material. No Training Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without adaptive.run’s prior permission. Commercial reproduction and distribution is expressly forbidden. Any such use is strictly prohibited and will constitute an infringement of adaptive.run intellectual property rights.

You are not authorised to record on video or audio tape, relay by videophone or other means the online training course given. You are not authorised to remove any copyright or other notice of adaptive.run on the Training Material.

The names, images and logos identifying adaptive.run or third parties and their products and services are subject to copyright, design rights and trademarks of adaptive.run and/or third parties. Nothing contained in these Terms & Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of adaptive.run or any other third party.

To provide a continuous check on the consistency and quality of training delivery, participants may receive a follow-up email at the end of an online training asking to submit feedback in the form of a satisfaction survey. This feedback will be reviewed in detail and will be used to make continuous improvements to trainings content and delivery.

10. Confidentiality

Except as otherwise set forth in these Terms & Conditions, each party may disclose to the other party certain confidential information under these Terms & Conditions.

Each party agrees that all code, inventions, know-how, business, technical and financial information or any information specifically designated as confidential or that would be understood to be confidential or proprietary by a reasonable person disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”).

Both adaptive.run and the customer undertake and guarantee the confidentiality of the Confidential Information made available, the prevention of their disclosure to third parties, and their use only for the purposes considered in this agreement.

Any adaptive.run technology, any commercial terms (including pricing) of these Terms & Conditions and any performance information relating to the products shall be deemed Confidential Information of adaptive.run without any marking or further designation.

Each party will make reasonable efforts to keep any such information that it has about the other party secure and to ensure that any of its employees or agents who have access to information about the other party do not make any unauthorised use, modification, reproduction or disclosure of that information.

Except as expressly authorized herein, the Receiving Party will use (and will ensure that its employees, affiliates, agents, contractors and any approved third parties use) reasonable efforts (which shall be no less than the efforts used to protect its own confidential information of a similar nature) to prevent the disclosure of any Disclosing Party’s Confidential Information for any purpose other than providing the training contemplated by these Terms & Conditions unless authorized by the Disclosing Party.

The Receiving Party's non-disclosure obligation shall not apply to information which the Receiving Party can document that:

(i) was rightfully in its possession or known to it prior to receipt of the Confidential Information;

(ii) is or has become public knowledge through no fault of the Receiving Party;

(iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;

(iv) is independently developed by employees of the Receiving Party who had no access to such information.

The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).

11. Notice and Complaints

The participant expressly accepts that all communications made under this agreement shall be intermediated by electronic mail, at the address communicated by him through the order form.

The participant has the possibility to make notifications and complaints regarding the placed order and / or the delivered training at either of the following e-mail addresses: hello@adaptive.run or onlinetraining@adaptive.run.

12. Force majeure

Neither party shall be held liable to the other party for any delay or failure to perform any obligation under these Terms & Conditions (except for a failure to pay fees) if the delay or failure, in whole or in part, is due to unforeseen events which are beyond the reasonable control of such party, such as, but not limited to: a strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or telecommunications or data networks or services, acts or deeds of public authorities or refusal of a license by a government agency (each considered a “Force Majeure Event”, as defined by the Romanian legislation in force).

If within 15 (fifteen) days from the occurrence of the force majeure event the respective event does not cease, either party has the right to notify the other party of the full termination of the Contract, without any of them being able to claim damages from the other.

13. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us.

You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our services or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we may deny you access to our services (or any part thereof) and we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

On termination, clauses regarding liability, warranty and disclaimer, intellectual property rights and confidentiality shall continue notwithstanding such termination.

14. Governing law, Litigation and Jurisdiction

These Terms & Conditions, the hereby agreement, as well as their entire content and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the Romanian laws in force.

The parties will endeavor, as far as possible, to amicably resolve any misunderstandings or disputes arising from the agreement concluded.

If amicable settlement is not possible, the jurisdiction to resolve any disputes that may result from any proceeding, misunderstanding or claim of the parties and / or which may arise from the relationship between the parties, contractual or otherwise, belongs to the Romanian courts competent from Bucharest city.

15. Miscellaneous

15.1. Missed trainings

There will be no replacement training courses or extra materials for participants who missed a training.

15.2. Third-party tools

It may be required to use third-party tools which we neither monitor nor have any control over or give input. You acknowledge and agree that it's your responsibility how you gain access and use such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

15.3. Access to Azure Account

To ensure that all exercises and workshops that are demonstrated or delivered in the online trainings can be executed or tested by you, you need access to an Azure Account.

You acknowledge and agree that if you want to have the best experience in the training, it is your responsibility to assure yourself access to an own Azure account, adaptive.run not being held responsible for providing such a service.

15.4. Changes to Terms & Conditions

You can review the most current version of the Terms & Conditions at any time on our website. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the services provided following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

15.5. Privacy Policy

The aspects regarding the confidentiality and processing of personal data when placing an order for an online training are governed by the PPD which is an integrated part and complements these Terms & Conditions. Please read carefully the entire contents of the PPD.

15.6. Entire Agreement and Severability

These Terms & Conditions represent the entire agreement between you and TECH ADAPTIVE RUN S.R.L. relating to the training courses and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the training or any other subject matter covered by these Terms & Conditions.

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

If any provision of these Terms & Conditions is held to be partially or fully void, invalid, unenforceable or illegal, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the other provisions shall continue in full force and effect.