Terms of Use
Last updated: May 16, 2024
Please read these Terms of Use carefully before accessing or using any part of the Besmaltru platform available at besmaltru.biz. By accessing or using the platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the platform.
1. Definitions
Throughout these Terms, the following definitions apply:
- Platform refers to the website, web application, and all associated services operated by Besmaltru and accessible at besmaltru.biz.
- User refers to any individual who accesses, browses, registers on, or uses the Platform in any capacity.
- Account refers to the registered profile created by a User to access protected areas or features of the Platform.
- Content refers to all text, video, audio, graphics, data, course materials, masterclass recordings, instructional guides, and any other materials made available through the Platform.
- Operator refers to Besmaltru, the entity responsible for operating and maintaining the Platform.
- Subscription refers to a paid access arrangement granting a User rights to specified Content or features for a defined period.
2. Acceptance of Terms
Your access to and use of the Platform constitutes your binding acceptance of these Terms of Use, as well as any additional policies incorporated herein by reference, including the Privacy Policy. These Terms apply to all Users regardless of the level of access or type of engagement with the Platform.
If you are using the Platform on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms, and all references to "you" shall include that organisation.
3. Eligibility
The Platform is intended for individuals who are at least 18 years of age. By using the Platform, you represent and warrant that you meet this minimum age requirement. If you are under 18, you may only use the Platform under the supervision of a parent or legal guardian who agrees to these Terms on your behalf.
The Operator reserves the right to refuse access to the Platform to any person at its discretion.
4. User Accounts
4.1 Registration
Certain features of the Platform require you to create an Account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the accuracy of your Account information and updating it as necessary.
4.2 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify the Operator immediately at [email protected] if you suspect any unauthorised use of your Account. The Operator will not be liable for any loss or damage resulting from your failure to protect your credentials.
4.3 Account Termination
The Operator reserves the right to suspend or terminate your Account at any time, with or without notice, if you violate these Terms or engage in conduct deemed harmful to other Users, the Platform, or the Operator.
5. Access to Content
5.1 Scope of Access
Upon obtaining a valid Subscription or completing a qualifying purchase, you are granted a limited, non-exclusive, non-transferable, and revocable licence to access and view the Content associated with your purchase for personal, non-commercial educational purposes only.
5.2 Restrictions
You must not, under any circumstances:
- Download, copy, reproduce, redistribute, or publicly display any Content without the express written permission of the Operator.
- Share your Account credentials with any third party or allow others to access Content through your Account.
- Use automated systems, bots, scrapers, or similar tools to access, extract, or collect Content from the Platform.
- Modify, adapt, translate, reverse-engineer, or create derivative works based on any Content.
- Use Content for commercial purposes, resale, or any form of public performance.
5.3 Content Availability
The Operator does not guarantee that any specific Content will remain available on the Platform indefinitely. Content may be modified, updated, or removed at any time without prior notice.
6. Subscriptions and Payments
6.1 Billing
Subscription fees are billed in advance on a recurring basis according to the plan you selected at the time of purchase. All fees are stated in the applicable currency at checkout and are inclusive or exclusive of applicable taxes as indicated.
6.2 Renewal
Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date. You authorise the Operator to charge your designated payment method for the applicable renewal fee.
6.3 Cancellation
You may cancel your Subscription at any time through your Account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. You will retain access to paid Content until the conclusion of that period.
6.4 Refunds
Refund eligibility is determined on a case-by-case basis in accordance with the Operator's refund policy. To request a refund, contact [email protected] within the applicable refund window stated at the time of purchase. The Operator reserves the right to decline refund requests that do not meet the stated criteria.
6.5 Price Changes
The Operator reserves the right to modify Subscription pricing at any time. You will be notified of any price changes prior to their taking effect, and continued use of the Platform after the effective date of a price change constitutes acceptance of the new pricing.
7. User Conduct
By using the Platform, you agree that you will not:
- Post, transmit, or otherwise distribute unlawful, harmful, defamatory, obscene, or objectionable content.
- Harass, threaten, or intimidate other Users or Platform personnel.
- Impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Interfere with or disrupt the integrity, security, or performance of the Platform or its associated infrastructure.
- Attempt to gain unauthorised access to any part of the Platform, other Accounts, or related systems.
- Engage in any activity that violates applicable laws or regulations.
- Use the Platform to transmit unsolicited commercial messages or promotional materials.
The Operator reserves the right to remove any content and take appropriate action, including suspension or termination of access, in response to violations of this section.
8. Intellectual Property
8.1 Ownership
All Content, trademarks, trade names, logos, and intellectual property made available on the Platform are owned by or licensed to the Operator. Nothing in these Terms transfers any ownership rights to you.
8.2 User Submissions
If you submit, upload, or post any content to the Platform, including comments, questions, or feedback, you grant the Operator a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, and distribute such content in connection with operating and improving the Platform. You represent that you have the right to grant this licence and that your submission does not infringe any third-party rights.
8.3 Feedback
Any suggestions, ideas, or feedback you provide regarding the Platform may be used by the Operator without restriction or compensation to you.
9. Third-Party Links and Services
The Platform may contain links to third-party websites or services that are not owned or controlled by the Operator. The Operator has no control over, and assumes no responsibility for, the content, privacy practices, or terms of any third-party sites. The inclusion of any link does not imply endorsement by the Operator. You access third-party sites entirely at your own risk.
10. Privacy
Your use of the Platform is also governed by the Operator's Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.
11. Disclaimers
The Platform and all Content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. The Operator expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Operator does not warrant that:
- The Platform will be uninterrupted, error-free, or free of viruses or harmful components.
- Any Content will be accurate, complete, or up to date.
- Results obtained from using the Platform will meet your expectations or requirements.
Educational Content provided through the Platform is intended for informational and skill-development purposes only. It does not constitute professional financial, legal, or other regulated advice.
12. Limitation of Liability
To the fullest extent permitted by applicable law, the Operator and its directors, employees, partners, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising out of or in connection with your use of or inability to use the Platform or any Content, even if the Operator has been advised of the possibility of such damages.
In no event shall the Operator's total liability to you for all claims arising out of or related to these Terms or your use of the Platform exceed the total amount paid by you to the Operator in the twelve months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Operator and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.
14. Modifications to Terms
The Operator reserves the right to update or modify these Terms at any time. When changes are made, the updated Terms will be posted on the Platform with a revised "Last updated" date. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the changes, you must discontinue use of the Platform.
15. Modifications to the Platform
The Operator reserves the right to modify, suspend, or discontinue any part of the Platform at any time, temporarily or permanently, with or without notice. The Operator shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
16. Governing Terms and Dispute Resolution
These Terms are governed by general principles of contract law applicable to online services operating globally. In the event of any dispute arising from these Terms or your use of the Platform, you agree to first attempt to resolve the matter informally by contacting the Operator at [email protected]. If informal resolution is unsuccessful, disputes shall be submitted to binding arbitration or such other resolution mechanism as may be agreed upon by both parties.
17. Severability
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be deemed severed from the remainder of the Terms, which shall continue in full force and effect.
18. Entire Agreement
These Terms, together with the Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and the Operator with respect to your use of the Platform and supersede all prior agreements, representations, and understandings.
19. Waiver
The failure of the Operator to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be made in writing and signed by an authorised representative of the Operator.
20. Contact Information
If you have any questions, concerns, or requests relating to these Terms of Use, please contact us:
Besmaltru
100 King St W #5700, Toronto, ON M5X 1C7, Canada
Email: [email protected]
Phone: +1 519 672 8444
Website: besmaltru.biz