TERMS AND CONDITIONS
§ 1. INTRODUCTION
1.1. Purpose The Terms and Conditions is provided by GSPARK EDUCATION & TRAINING COMPUTER SOFTWARE and associates (jointly referred to hereinafter as “GSPARK”, “We” or “Us”) and covers usage of the Website https://inseed.expert/ (referred to hereinafter as “the Website” or “inseed.expert”) and our other websites, platforms, applications, products and services. Herein, we shall refer to you as “You” or “the User”.
1.2. Website inseed.expert is a website, which allows to check the requirements to purchase subscriptions and electronic courses (referred to hereinafter as “the Courses”) on the Terms and Conditions determined hereby, by the Website and other documents visible and accessible via the Website and to purchase these Courses by the User. In order to purchase Courses, the User is obliged to create a User account (hereinafter referred to as “the Account”) and provide identification data specified by Us, such as email address, password, name.
1.3 Investment In any way, the activity of GSPARK does not refer to investments as investment funds. Based on information posted on the Website, the term “investment” or “investments” shall be defined only as the purchase of the Courses or pursuing such buy. The activity of GSPARK shall not be perceived as investment advising or investment recommendations, or intermediation in such advice or recommendation, or managing of any assets.
§ 2. DEFINITIONS
2.1 GSPARK – GSPARK EDUCATION & TRAINING COMPUTER SOFTWARE, with its registered office at P.O. Box 283 691 Al Marsa, Marina Plaza 1302 Dubai, UAE;
2.2 User – a natural person, a legal person, an organizational unit without legal personality to whom the law assigns legal capacity, who manages business or acts professionally, or has appropriate competences on the basis of national law applicable in the place of temporary or permanent residence, who familiarize him/herself with the information posted via the Website;
2.3 Website – an Internet website under the domain https://inseed.expert/;
2.4 Account – collections and competences assigned to the User within the scope of the Website, resulting concluding the agreement on service provision by electronic means between the User and Us, includes data necessary for authorisation and for using some services accessible via the Website;
2.5 Information and Communication Technologies (ICT) System – a system of cooperating ICT devices and software which provides processing and storing, as well as sending and receiving data via ICT networks using an appropriate type of an ICT end device.
§ 3. GENERAL PROVISIONS
3.1 User Natural persons, legal persons and other organizational units to whom law assigns legal capacity may may use the Website and thus purchase Courses. The age of majority is determined by law of the country in which the User lives, and the minimal age is 18 years old. Using the Website is free of charge.
3.2 Terms and Conditions By purchasing the Courses, the User confirms that he/she has read the Terms and Conditions and because of the relationship of these Courses to blockchain technology and issues related to investment in virtual currency markets, the User declares that he/she familiarized himself with the mechanisms of software functioning and applications based on the blockchain technology, and the risk of losing all invested funds. The Terms and Conditions constitute a binding agreement between Us and the User and apply to all Users who access or use the Website (also by simply browsing the content posted via the Website). Furthermore, the User acknowledges and accepts that GSPARK does not offer any services related to securities, and that GSPARK is not an entity transferring any money to Users or other persons or third parties. GSPARK does not provide investment, financial, tax or legal advice. Any information and applications posted on the Website do not constitute investment advice, financial advice, commercial advice or any other type of advice. If the User has doubts about the functioning of the blockchain technology or cryptocurrencies, he/she should contact legal, tax or investment adviser before taking any action on the Website.
3.3 User Account The Account may be created by the User. Account registration is free and voluntary (optional), but necessary to but necessary in order to purchase Courses. In order to create the Account, the User is obliged to provide the required information contained in the registration form on the Website, including in particular the login and password, in accordance with the information available in the Account registration form. The registration of the Account takes place only via the Internet (online). The User also acknowledges that GSPARK, during the term of the Course purchased by the User, may change the schedule of that Course at any time, including making available access to a different Course than the one purchased by the User (e.g. due to GSPARK terminating its cooperation with the relevant trader). The User does not have any claims against Us as a result of this situation.
3.4 Unauthorized Access The User is obliged to protect data used to access the User Account. Any results of unauthorized acquisition of the password or other data enabling the access to the Account belonging to the User are not the liability of GSPARK.
§ 4. PAYMENT FOR THE COURSES
4.1 Value The User acknowledges that the purchase of the Courses is available through the payment operators:
1) Stripe (https://www.stripe.com)
2) ApplePay (https://www.apple.com/apple-pay/)
or other payment operators cooperating with Us. The User acknowledges that payment for the Services may also be made by cryptocurrencies. The relevant unit and value for the purchase of the Services is each time specified by the Website, third parties or websites of these third parties (e.g. specific payment operator), which enable the purchases via ICT network.
4.2 Delivery time The delivery of the Courses to the User takes place immediately, provided that the User makes the correct payment pursuant to hereinabove, with the possibility of extending this period up to 48h. GSPARK indicates that the process of delivering the Courses in exceptional cases may be extended to a maximum of 7 days in the event of situations beyond the control of GSPARK (force majeure). Delivery is by electronic means only.
4.3 Returns Due to the close connection of the Courses with financial markets over which GSPARK has no control and due to the electronic delivery of the Courses to You, the User acknowledges and accepts that the rights to withdraw from the agreement within the meaning of withdrawing from the purchase of Courses shall be excluded. The User acknowledges and accepts that all transactions related to the purchase of Courses are final and it is not possible to return.
§5. RESTRICTIVE MEASURES AND COMPLAINTS
5.1 Reporting Violations The User or third parties may refer to GSPARK regarding possible violations of the provisions hereof or violations of the use of the Website in the provision of electronic services. All reports to GSPARK should be sent to the e-mail address: email@example.com.
5.2 Violations Results Any violation of provisions hereof may result in, appropriately to the scale of damage: 1) warning; 2) a temporary suspension of the Account, i.e., prevent accessing the User Account; 3) deletion of the Account, which is understood as termination of the agreement on service provision by electronic means; The Parties agree that the deletion of the Account, under any legal or factual cause, shall not give rise to any claims on the part of the User, including claims for the payment of any compensation.
5.3 Submit a report The Users and third parties in pursuant to 6(1), may submit complaints to GSPARK regarding the functioning of the Website regarding service provision by electronic means, as well as appeals against the decisions of GSPARK. The report must include: 1) indication of a reporting person or entity which enables to identify the Account; 2) detailed description of a report. GSPARK replies to the report of the User or a third party by electronic means, generally within 30 (say: thirty) working days from the date of receipt of the report. A response to the report shall be sent to the e-mail address provided by the User or a third party in the e-mail message. GSPARK reserves the right to extend the above term by a maximum of 30 (say: thirty) working days if the identification of the report requires special information or encounters obstacles independent of GSPARK. Furthermore, GSPARK reserves that the examination of the report may require additional explanations from the User or a third party – in such a situation the duration of a response from GSPARK shall be extended accordingly each time.
6.2 Respect for Privacy The Controller makes every effort to ensure that personal data are processed with the greatest respect for the privacy of the data provider and with the utmost care for the security of the processed personal data, and in particular ensures to take all legal measures to safeguard the personal data collections.
6.3 Protection Measures The Controller represents to apply technical and organizational measures to ensure protection of processed personal data appropriate for the risks and a category of protected data, and in particular to protect data against unauthorized sharing, processing as a violation of law and against their loss, damage or destruction .
6.4 Processing Scope and Purpose The Controller processes personal data of the User with the purpose of:
1) fulfilling legal duties of GSPARK;
2) marketing and advertising services, as well as sending commercial information;
3) using ICT end devices and automatic trigger systems – for marketing purposes;
6.5 Data Profiling Processing personal data includes profiling the Users according to their behavior, interests, credibility and preferences (including purchase preferences). Based on profiling, a specific content is conveyed to the Users, which potentially may interest them.
6.6 Data Sharing To fulfill obligations, the Controller may disclose collected personal data with the entities including: employees, associates, delivery service, payment system operators, entities providing operating, legal, accounting and IT services for GSPARK, as well as entities personally or financially associated with GSPARK. In such cases the volume of disclosed information is limited to necessary minimum each time.
6.7 Traffic Analysis The Controller represents that it is allowed to use tools designed to analyze traffic within the Website such as e.g., Google Analytics. In particular, the Controller has the right to collect information on the User’s activity and behavior. The Controller uses the data to research the market and traffic on the Website, as well as to create statistics, in particular, to assess the interest in the posted content, as well as to improve the Website and fulfill obligations in the scope of counteracting money laundering and terrorist financing. The collected data shall be processed in an anonymous manner and used only for statistical purposes or to ensure proper use of the Website.
6.8 Traffic Analysis The Controller shall comply with the following rules for the processing of personal data:
1) recording collected personal data only on such storage media that are protected against third party access;
2) reporting collections of personal data or appointing persons who shall perform the required duties as such;
3) performing personal data security surveillance throughout the whole term during which they are possessed to ensure in particular protection against unauthorized access, damage, destruction or loss;
4) sharing personal data to competent authorities under applicable law;
5) preserving the confidentiality of personal data.
The personal data processed by the Controller are not shared in a form that allows User identification of any kind, unless the User has given a consent or if the obligation to disclose such information is based on applicable law.
6.9 User Rights The Controller ensures that the applied rules of processing personal data comply with Users’ rights under the applicable law, in particular the right to access, correct, update, remove, limit processing, transfer own data, to object, to withdraw the consent, to complain to the supervisory authority.
§ 7. COOKIES POLICY
7.1 Cookies Types In terms of the Website functioning, the Controller is allowed to use the following types of Cookies:
1) temporary, which are removed after leaving the Website or after turning a web browser off;
2) permanent that are stored on the User’s end device for unspecified period of time, or until the User manually deletes them;
3) statistical to track traffic on the Website;
4) functional, allowing personalization of the site in relation to the User;
5) advertising, which allow to provide the User with the content adjusted to his/her personal preferences;
6) obligatory and safety, which regard safety keeping rules within the Website and authentication rules.
1) optimization and increase in efficiency in terms of GSPARK activity;
2) correct feature configuration available within the Website;
3) personalizing displayed contents and adjust advertisements on the Website;
4) keeping safety and reliability of the Website;
5) collecting and using general and publicly available statical data through analytical tools.
7.3 Purposes of Using To ensure the highest quality, Cookies are analyzed by the Controller to determine which subpages are visited the most, which browsers are used by visitors and whether the Website structure is free of errors.
7.4 Cookies Configuration Cookies stored on the User’s end device may be used by other entities that affect the quality via the Website. The User may change own Cookie settings at any time by specifying the conditions of storing and granting access to Cookies on the User’s device. The User is allowed to change the settings referred hereinabove by using the settings of the web browser or by configuring a service or services. These settings may be changed in a way to block automatic Cookies activity in a web browser or to inform the User of placing a Cookie on the User’s device.
7.5 User’s Rights The User is allowed to remove Cookies at any time by using the settings available in the used web browser. Restricting or blocking Cookies via the web browser shall not make it impossible for the User to browse the content posted via the Website, however, this may cause difficulties or irregularities in the Website operation. It is recommended to use software that enables Cookies operation.
§ 8. ADDITIONAL PROVISIONS
8.1 Technical Requirements To use the Website, the User shall meet the following technical requirements:
1) having a device enabling the use of the Internet;
2) the Internet connection;
3) having a browser that allows to display websites, e.g., Google Chrome. GSPARK represents that it makes every effort to ensure constant access to the Website, however, it does not guarantee that the use of the Website is free of errors and technical breaks. In addition, GSPARK reserves the right to change the above minimum requirements for using the Website at any time without prior notice to the User. GSPARK shall ensure the operation of the ICT system in a form of the Website, in such a way as to prevent unauthorized access to the content, in particular using cryptographic techniques.
8.2 Technical Breaks GSPARK reserves the right to temporarily or permanently terminate or limit activity of the Website. In particular, GSPARK is entitled to conduct maintenance work of the Website to restore security and stability of the ICT system. Accordingly, the User acknowledges and accepts that he/she has no claims regarding such interruptions or restrictions of access to the Website.
8.3 Other Websites of Third Parties GSPARK exercises due diligence to specify unambiguously and identify pages and websites managed by third parties that offer separate services or a service, not related to the activities of GSPARK, pursuant hereto. However, GSPARK is not liable for the content, subject and the relationship established with another entity by the User. In such a situation, the User should each time exercise due diligence to determine with which entity the possible relationship is being established and to which website of the third party the User has been redirected using the Website.
§ 9. FINAL PROVISIONS
9.1 Terms and Conditions Enters into Force The Terms and Conditions shall enter into force on April 15, 2022. GSPARK has the right to amend hereto at any time.
9.2 Additions and Information Included Herein No legal basis or incompleteness of any of the provisions contained herein does not mean that the entire Terms and Conditions is legally void. Such provisions shall be amended to the ones that best reflect their meaning and purpose.
9.3 Transformation or Transfer of Rights The User acknowledges and accepts that the GSPARK may transfer the rights and obligations resulting from the implementation of the provisions hereof to another entity, person or third parties, including transferring the rights and obligations to another, newly established company as a result of the transformation.
9.4 Disputes All parties to the disputes that may arise in connection herewith shall be settled amicably in the first place, by mutual arrangements between the User and GSPARK. The User acknowledges and accepts that the amicable resolution of a dispute procedure is a condition precedent that shall be met prior to commencing any legal proceedings. In such a situation, the User is obliged to contact GSPARK pursuant to paragraph 5 hereof. If the above provisions are met, as well as in the absence of an amicable solution to the dispute, the provisions hereof shall be settled by the court competent for the current place of a registered office of GSPARK. At the same time, the User acknowledges and accepts that disputes arising herefrom may only be considered on the basis of an individual case of the User. In no way is GSPARK obliged to settle disputes as collective cases or collective actions.