Terms of Use | Otium Academy

GENERAL TERMS AND CONDITIONS OF OTIUM Travel

DATED 02.01.2023

Please read these Terms of Use of the Service (hereinafter referred to as the “Rules”) carefully. Any use of the Site, in particular, filling out various forms, submitting applications, as well as using the Services means full, unconditional and unconditional agreement (acceptance) with the terms of (1) these Rules and (2) the Regulations on the protection of personal data and privacy policy without any there are no exceptions and/or limitations.

If you do not agree to the terms of these Terms, do not use the Site and Services.

The headings contained in these Rules are for reference purposes only.

1. Definitions

“Site” is a set of software, interfaces and information located on the Internet at a unique address - https://otium.travel, including all web pages and subdomains.

“User” is an individual who uses the Site and gains access to the Services.

“Account” is the User’s personal account on the Site, accessed using special identifiers.

“Services” – providing the User with access to the functionality of the Site under the conditions defined by these Rules.

“Content” – webinars, soundtracks, videos, text, graphics, audiovisual or any other materials developed, organized or provided by OTIUM Travel and/or the Partner and available at the Event or included in the Course for use by the User.

“Partner” is a person who develops Content and/or provides information, educational, consulting and other related services to OTIUM Travel and/or Users.

“Event” – a cultural, entertainment, educational, training event, including a lecture, presentation, workshop, seminar, practical lesson, as well as other online or offline event organized by OTIUM Travel and/or Partner(s), information about which posted on the Site.

“Course” is a holistic presentation of one or more topics using Content generated by OTIUM Travel and/or Partner(s).

“Invitation” – information in electronic form confirming the User’s right to attend the Event or access the Course, and containing information about the name, date, time, location of the Event and/or information that is necessary to access the Course, the amount of the Registration fee (in where applicable), and may contain additional legal or technical information.

“Registration fee” is the amount of funds paid by the User for participation in the Event with limited access and/or access to the Course with limited access.

Concepts that are not expressly defined in Section 1 of these Rules must be interpreted in accordance with the text of these Rules.

2. What do you agree to?

2.1. Parties

These Rules govern the relationship between Users and OTIUM Travel regarding access and use of the Services.

2.2. Changes to the Rules

OTIUM Travel may unilaterally change the provisions of these Rules from time to time, provided that such changes will not impose additional obligations on the User in relation to actions that the User took before they came into force.

By using the Services after making changes to these Rules, the User agrees to such changes. If OTIUM Travel makes material changes to these Rules, OTIUM Travel will make reasonable efforts to inform the User of such changes, but the User agrees to review these Rules from time to time to determine whether changes have been made.

2.3. Availability

To access the Services, the User must be 18 years of age or other age of majority in their jurisdiction.

The User acknowledges and warrants that he has all due rights to comply with the terms of these Rules.

At the request of OTIUM Travel, the User is obliged to provide additional documents or information that are necessary to confirm the User’s compliance with the terms of these Rules.

3. Services

3.1. Subject of the Rules

OTIUM Travel provides the User with access to the following functionality of the Site:

For Users who do not have a registered Account:

familiarization with publicly available information on the Site, including information about planned Events and Courses;

issuing an Invitation to participate in the Event and/or to access the Course.

For Users who have a registered Account, without paying a Registration Fee, additionally:

access to Events and Courses with free access.

For Users who have a registered Account and have paid the Registration fee, additionally:

access to Events and Courses with limited access.

The name and list of functionality of the Site may be changed from time to time by OTIUM Travel without prior notice. OTIUM Travel has the right, at its sole discretion, to terminate (temporarily or permanently) the operation of any individual functionality of the Site without prior notice to the User.

3.2. Communication

OTIUM Travel may additionally introduce functionality to ensure communication between Users. In this case, the User will be given the opportunity to send and receive text messages, download and attach files to text messages.

OTIUM Travel is not responsible for maintaining or protecting information (including attachments) transmitted via text messages.

OTIUM Travel is not obligated to retain information (including attachments) transmitted via text messages and has the right to delete it at its sole discretion with or without notice to the User.

4. Account

4.1. Account Registration

To be able to use certain Services, the User must register an Account. Account registration is free and voluntary.

4.2. Providing accurate information

Account registration requires the provision of personal information. OTIUM Travel reserves the right to change the fields of the registration form and require the User to enter additional information.

By registering an Account, as well as in the process of using the Services, the User undertakes to provide only reliable, accurate, current and complete information about himself. The User undertakes to keep the data in his Account current and accurate.

OTIUM Travel reserves the right to require the User to provide confirmation of data if this is necessary to use the Services. The User agrees that he may be denied access to or use of the Services, and his Account may be blocked or deleted, if the User refuses to provide his identification information or if OTIUM Travel has reasonable grounds to believe that the information provided is incomplete or inaccurate.

4.3. Processing of personal data

Features of the processing of the User’s personal data are regulated by the Regulations on the protection of personal data and the privacy policy of OTIUM Travel, which is available at the link: https://www.otium.travel/privacy-policy

4.4. Account Security

The User is solely responsible for maintaining the identifiers necessary to log into the Account. The User is solely responsible for all actions performed in his Account and agrees to comply with reasonable security and control measures to limit the access of unauthorized persons to his Account.

The User undertakes to immediately notify OTIUM Travel of any cases of unauthorized access (suspicion of access) to his Account. OTIUM Travel does not bear any responsibility for possible loss or damage to data, as well as other consequences of any nature that may arise due to the User’s violation of the provisions of this paragraph of the Rules.

4.5. Account Closure

The User may submit a request to close his Account at any time by sending an email to mail@otium.academy or using the feedback form available on the Site.

The User is responsible for all obligations arising during the period of Account activity, even after the Account is closed.

4.6. Account blocking and deletion

OTIUM Travel has the right to block or delete the User's Account, as well as limit the User's access to the Services using the Account, and delete any Material posted by the User on the Site, without specifying any reason, including if the User violates the terms of these Rules or the provisions of the law.

4.7. Inactive Account

OTIUM Travel has the right to delete the Account if the User Account is inactive for 6 months. OTIUM Travel stores information about the User in accordance with current legislation, the Personal Data Protection Regulation and the privacy policy.

5. Registration fee. Invitation

5.1. Event Announcement

OTIUM Travel posts announcements on the Site containing information about Events and Courses, their type (with free or limited access), topic, date, time, location, and the amount of the Registration fee (if required).

5.2. Registration of the Invitation

An invitation to participate in the Event or access to the Course is issued using the Site. To issue an Invitation, the User selects the Event he wishes to attend or the Course he wishes to access, fills out the appropriate form and pays the Registration Fee (if required).

5.3. Registration fee

The User agrees that participation in the Event and/or access to the Course may require payment of a Registration Fee. The amount of the Registration fee is determined on the Site.

5.4. Payment Methods

The User may use any of the payment methods available on the Site to carry out transactions to pay the Registration Fee.

5.5. Payment of fees

The user is solely responsible for the accuracy of the payments he makes. The user is responsible for paying any fees or other amounts that may be charged by the payment processor, bank or third parties.

5.6. Transfer of Invitation

The Invitation is sent to the User by sending a message to the User’s email and/or Account.

5.7. Refund of Registration Fee

If an Invitation to participate in the Event is issued, the User has the right to submit a request for a refund of the Registration fee no later than 72 hours before the scheduled Event.

If an Invitation to access the Course is issued, the User has the right to submit a request for a refund of the Registration Fee no later than 14 calendar days from the date of payment of the Registration Fee, provided that the User has viewed no more than three units of Content (in particular, video recordings or audio recordings) of such Course.

The User agrees that the discovery of inaccuracies and errors in the Content is not grounds for a refund of the Registration fee or a reduction in its value.

6. Terms of use of the Site and Services

6.1. Non-commercial use

The Services are available solely for non-commercial, personal use. Organizations, companies, enterprises do not have the right to use the Services for any purpose, unless otherwise provided in a written agreement between OTIUM Travel and such organizations, companies, enterprises.

6.2. User Material

The User understands and agrees that OTIUM Travel has the right, at its sole discretion, to store, temporarily prohibit and delete any messages, images, comments, reviews, other information and files that are published or otherwise uploaded by the User to the Site (hereinafter collectively referred to as " User Material"), and which, in the opinion of OTIUM Travel, violates these Rules, may be illegal or may violate the rights, harm or pose a threat to the safety of other Users or third parties.

The User is personally responsible for the User Material.

By posting or otherwise uploading User Material to the Site, the User automatically represents and warrants that he has the right to provide, and at the same time grants OTIUM Travel an irrevocable, perpetual, non-exclusive, fully paid and worldwide license to use, copy, perform, display and distribution of User Material with the right to grant sublicenses for all of the above.

The User transfers to OTIUM Travel all intellectual property rights to all User Material published or otherwise uploaded to the Site, including, but not limited to, the right to use intellectual property, the right to permit or prohibit the use of intellectual property by others, in particular the rights distribute, license, sublicense, advertise, display or otherwise exploit all proprietary rights in User Material throughout the world, in any languages, in any media formats and by any means, without any additional obligation to the User or obligation to pay remuneration to the User.

6.3. Content

The content is for informational and educational purposes only. OTIUM Travel makes no warranty as to its completeness, timeliness or accuracy. Content is subject to change without notice.

The Services may be unavailable, delayed, limited or slower from time to time, in particular due to:

failure of servers, networks, equipment (including the User’s own device), telecommunication lines and connections, other electronic or mechanical equipment;

software failure, including bugs, viruses, configuration problems, system incompatibility, additional software (utilities) or applications;

rebooting system capacity;

damage caused by bad weather, earthquakes, wars, insurrections, civil disturbances, accidents, fire, floods, explosions, mechanical failure or natural disasters;

interruption (partial or complete) of power supply or other service;

strike or other stoppage of work (partial or complete);

governmental or regulatory restrictions, court orders or other external interference; or

another reason (both related and unrelated to any of the above) beyond the control of OTIUM Travel.

6.4. Links to other websites or mobile applications

Advertising materials, links to other websites or mobile applications that may be contained on the Site are provided solely as indications of information that may be useful to the User, and OTIUM Travel has no control over the content of such advertising materials, websites or mobile applications.

OTIUM Travel does not make any warranties regarding the content of such advertising materials, websites and mobile applications, including accuracy, completeness, reliability, and does not warrant that any claims are made against such advertisers, websites and mobile applications or their content. intellectual property rights, or that they do not contain other violations of the rights of third parties, or that such advertising materials, websites, mobile applications or content thereof do not contain viruses or other harmful contamination.

If the User follows a link to an advertisement, website or mobile application that is not controlled by OTIUM Travel, the User does so at the User's own risk.

OTIUM Travel does not bear any responsibility for the opinions, ideas, products, information or services offered by advertisers on websites or mobile applications that are not owned by OTIUM Travel.

7. Prohibited activity

7.1. Prohibited Uses

By using the Services, the User agrees that:

The User will not perform actions using the Services that violate applicable law, these Rules or any other agreement or policy governing the relationship between OTIUM Travel and the User;

The User will not provide false, inaccurate or misleading information;

The User will not provide information that belongs to another person, or use an Account that belongs to another person, either on his own behalf or on behalf of a third party;

The User will not post User Material that:

is patently offensive to the online community, such as one that promotes racism, violence, hatred, or physical harm of any kind to any group or individual;

degrades or condones the degradation of any person;

includes spam, virus emails, unsolicited mass mailings;

distributes defamatory, false, misleading information, or promotes illegal activities or behavior that is offensive, threatening, obscene, disgraceful, if the User is aware in advance of the nature of such information;

promotes illegal or unauthorized copying of others' copyrighted works, such as posting pirated files or links to them;

contains links to restricted or password-only pages, or hidden pages or images;

publicly displays inappropriate User Content or other materials (including, for example, nudity, bestiality, pornography, violence or criminal activity);

includes materials intended to exploit persons under the age of 18 or another age of majority in the User's jurisdiction or solicits personal information from such persons;

provides instructions for committing illegal activities, such as making or purchasing illegal weapons, violating privacy, creating or downloading computer viruses, and the like;

is created by or supported by terrorist groups, or is User Content that promotes terrorist acts, including recruitment;

solicits passwords or other personal information from Users for commercial or illegal purposes;

solicits other Users for commercial activities (such as contests, sweepstakes, barter or advertising);

The User will not add telephone numbers, addresses, names, URLs or email addresses of third parties to his Account;

The User will not provide access to the Content to any third parties;

The User will not use any device, software, algorithm, file, other tool or technology, including, without limitation, viruses, time bombs or bots, designed to cause harm or interfere with the Services or the Site;

The User will not collect data from the Site by either authorized or unauthorized means, using automated means (bots, bypass programs, scrapers or similar means), or by creating fake Accounts, anonymous proxies, similar means, or by circumventing technical measures to prevent illegal activities on the Site. The User may not collect data from the Site in any other way, including manual collection of data;

The User may not make unauthorized use of the Site, including, in particular, unauthorized access to OTIUM Travel systems or other unauthorized use of any information posted on the Site; and

User will not engage in any activity that imposes an unreasonable or disproportionately large load on OTIUM Travel's technical infrastructure, including, without limitation, denial of service attacks, spam, or other similar unwanted loading techniques.

7.2. Sanctions

Illegal or unauthorized use of the Services or other violation of the terms of these Terms will be investigated and the User may be subject to appropriate legal action, including, without limitation, civil, criminal or other legal proceedings.

8. Feedback

The User can maintain contact with OTIUM Travel, including filing a complaint about the actions of other Users using the communication tools available on the Site, in particular, at the specified email address, by phone, through the feedback form.

By registering an Account on the Site, the User agrees to receive updated information, information messages about Events, Courses, other events, changes, updates to the Site, and so on to the email address and in the Account. If the User wishes to opt out of receiving such information, the User may contact OTIUM Travel using the communication means specified above.

9. Intellectual property

Content and any other objects of intellectual property posted on the Site or associated with the Services, including program code, marks for goods and services, design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds, other objects and their collections, as well as the Site itself, are the intellectual property of OTIUM Travel and/or their legal rights holders, and are protected by relevant international agreements and conventions on intellectual property.

Any use of the Site, its part, Content, other objects of intellectual property that are posted on the Site or associated with the Services, without the prior written permission of OTIUM Travel and/or their legal copyright holder is illegal.

Use of the Services does not grant the User intellectual property rights to the Content, documents or other materials to which the User may access. The posting of information or materials on the Site does not constitute a waiver by OTIUM Travel or their legal rights holders of the rights to such information or materials. OTIUM Travel and the legal copyright holders reserve all exclusive intellectual property rights to the Content owned by them, including the right to prevent and prohibit the unlawful use of the Content by third parties.

With the prior written permission of OTIUM Travel, copying and posting on other resources of the Content and any information from the Site must be accompanied by a link to the source, provided that all copyright protection marks, related rights, marks for goods and services, other notices of authorship, and the name are preserved (or pseudonym) of the author/name of the copyright holder in an unchanged form, keeping the corresponding object unchanged and cannot contain offensive information or information that may mislead third parties.

Access to the Content and any other objects of intellectual property that are posted on the Site is provided exclusively for personal non-commercial use without the right to reproduce (including copying/downloading/storing) such objects in the memory of the User’s equipment, without the right to distribute the Content on the network Internet, as well as without the right to any other use not provided for by these Rules, including sale, modification, distribution in whole or in part (in elements).

10. Responsibility

10.1. Methods of protection

If, as a result of a violation by the User of any provisions of these Rules, OTIUM Travel incurs losses, then OTIUM Travel has the right to demand from the User full fulfillment of obligations under these Rules, full compensation for losses, including reimbursement of all expenses of OTIUM Travel, and also reserves the right to use any available methods legal protection to restore the situation that existed before the violation of OTIUM Travel's rights.

10.2. Disclaimer of Warranties

OTIUM Travel provides the Services on an “AS IS” and “AS AVAILABLE” basis. OTIUM Travel does not undertake any obligations and does not provide any guarantees regarding:

the content, completeness, reliability or availability of the Services;

accuracy, reliability and quality of the Content.

OTIUM Travel assumes no responsibility and makes no warranties of any kind with respect to the Services and Content, including any warranties regarding the merchantability or other suitability of the Services or Content for the User's purposes.

OTIUM Travel is not responsible for any problems on the Site, including, but not limited to, system errors or other interruptions that may affect the receipt, processing, acceptance, completion of payment transactions or use of the Services.

OTIUM Travel takes all reasonable measures to verify the legal capacity and legal capacity of Users, but cannot guarantee that all Users have reached the minimum acceptable age, and is not responsible for any User Material or other use of the Services by persons under 18 years of age or other legal age in their jurisdiction, due to violation of the terms of these Rules.

OTIUM Travel reserves the right to suspend access to the Site or the provision of Services at any time to comply with operational, regulatory, legal or other actions.

10.3. Disclaimer

OTIUM Travel is not responsible for the User's use of any Services. Under no circumstances shall OTIUM Travel be liable to the User or to any third parties for any indirect, incidental, unintentional damages, including lost profits or lost data, damage to honor, dignity or business reputation, caused in connection with the use of the Site and its Content accessed by the User or other persons through the Site.

Any information and/or materials that the User gains access to as a result of using the Site, the User may use at his own peril and risk and is independently responsible for the possible consequences of using this information and/or materials, including the damage that such use may cause. .

Other Users may post or transmit offensive or indecent materials through the Site, and User may be unwittingly exposed to such materials. OTIUM Travel does not bear any responsibility for the actions or inactions of other Users (including unauthorized Users) arising during the use of the Site or in any other way.

OTIUM Travel shall have no liability for any failure or delay in the operation of the Site or Services beyond the control of OTIUM Travel.

11. Other provisions

11.1. Other jurisdictions

The information provided through the use of the Site and Services is not intended for distribution to or use by any person or entity in any jurisdiction or state where such distribution or use would be contrary to local law or regulation and requires legal registration in such jurisdiction or state . Users who choose to access the Site and Services from other jurisdictions do so on their own initiative and are solely responsible for compliance with local laws.

11.2. Termination of relations

These Rules come into force from the moment the User first visits the Site.

OTIUM Travel has the right to terminate the relationship established by these Rules at any time at its sole discretion. The rights granted to the User by these Rules will immediately and automatically terminate without further notice from OTIUM Travel if, at the discretion of OTIUM Travel, the User violates the terms of these Rules.

The User has the right to terminate the relationship established by these Rules by destroying the Content and any other materials obtained through the Site and submitting a request to delete his Account.