Conditions générales
Introduction
Welcome to Cyber Proficiency Center. These Terms and Conditions ("Terms") govern your access to and use of our web application and the purchase of digital goods, including access to proprietary content ("Content") authored by Cyber Proficiency Center. By using our web application and purchasing digital goods, you agree to comply with and be bound by these Terms.
The purpose of these Terms is to provide a clear understanding of the rules and guidelines for using our services, purchasing digital goods, and protecting the proprietary nature of our Content. These Terms outline the rights and responsibilities of both you (the user) and us (the service provider), including important information about payment processes, intellectual property rights, prohibited activities, and limitations of liability.
We are committed to providing you with high-quality digital goods and ensuring a secure and fair environment for all users. Please read these Terms carefully before using our web application or purchasing any digital goods. If you have any questions or need further clarification, feel free to contact us at support@cp.center .
Definitions
For the purposes of these Terms and Conditions, the following definitions shall apply:
- "User": Any individual or entity who accesses, browses, or uses the web application, whether registered or unregistered, and whether purchasing digital goods or not.
- "Customer": A representative of a company or organization who accesses, browses, or uses the web application, has registered account and can purchase digital goods.
- "Web Application": The online platform provided by Cyber Proficiency Center that allows users and customers to access, browse, and purchase digital goods.
- "Digital Goods": Any digital content, including but not limited to: Cyber Proficiency Assessments and Cyber Proficiency Courses, that is available for purchase for companies and organizations.
- "Content": All digital materials that are part of Assessments are created by Cyber Proficiency Center.
- "Proprietary": Indicates that the content and digital goods are owned by Cyber Proficiency Center and are protected by intellectual property laws, including copyright, trademark, and other proprietary rights.
- "Payment Providers": Third-party services such as PayPal and PayU that facilitate the processing of payments for purchasing digital goods through the web application.
- "Terms and Conditions" or "Terms": This document, which sets forth the rules and guidelines for the use of the web application and the purchase of digital goods.
- "License": The limited, non-transferable, non-exclusive right granted to users to access and use the digital goods purchased through the web application, subject to these Terms.
- "Account": A user profile created by representative of a company or organization to access certain features of the web application and purchase digital goods.
- "Privacy Policy": The document outlining how Cyber Proficiency Center collects, uses, and protects users' personal data.
- "Refund Policy": The terms and conditions under which companies and organizations can request and receive a refund for purchased digital goods.
By providing clear definitions of these key terms, we aim to ensure that all users have a comprehensive understanding of their rights and obligations while using the web application and accessing its content.
User Agreement
By accessing and using Cyber Proficiency Center, and by purchasing digital goods from our platform, you, the customer, representative of a company or organization agree to abide by the following Terms and Conditions. This User Agreement is a binding contract between you and Cyber Proficiency Center and governs your use of our services, including your purchase and access to our proprietary content.
- Acceptance of Terms: By registering an account, accessing our website, or purchasing digital goods, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions, our Privacy Policy, and any other policies or guidelines incorporated by reference.
- Eligibility: You represent that you are at least 18 years old or have reached the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. You are also a representative of a company or organization.
- Proprietary Rights: The digital goods and content available on our website are the proprietary property of Cyber Proficiency Center. You acknowledge and agree that all content, including text, graphics, images, software, and other materials, is protected by copyright, trademark, and other intellectual property laws. You agree not to copy, distribute, modify, or create derivative works from our content without our explicit written consent.
- Purchases and Payments: Payments may be processed through third-party payment providers, such as PayPal, and you agree to comply with their terms and conditions. All sales are final, and refunds will be provided at our sole discretion, as outlined in our Refund Policy.
- License to Use: Upon successful purchase, you are granted a non-exclusive, non-transferable license to access and use the digital goods for use on behalf of the company or organization you work for. You can also share the digital goods with other members of your company or organization. This license does not grant you any ownership rights to the content, and all rights not expressly granted are reserved by Cyber Proficiency Center.
- Restrictions: You agree not to:
- Sell, or distribute the digital goods or any part of the content to third parties.
- Attempt to reverse engineer, decompile, or disassemble any part of the content or software.
- Remove, alter, or obscure any proprietary notices or labels on the content.
- Changes to Terms: Cyber Proficiency Center reserves the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after such changes constitutes your acceptance of the new Terms and Conditions. We encourage you to review the Terms and Conditions periodically.
- Termination: We reserve the right to suspend or terminate your account and access to our services if you violate these Terms and Conditions or engage in any unlawful or prohibited activities. Upon termination, all licenses granted to you will immediately cease.
By using Cyber Proficiency Center and purchasing our digital goods, you acknowledge that you have read, understood, and agree to comply with this User Agreement. If you do not agree with these Terms and Conditions, you must refrain from using our services.
If you have any questions or concerns about this User Agreement, please contact us at support@cp.center .
Access to Digital Goods
Cyber Proficiency Center offers a variety of digital goods available for purchase, providing users with access to proprietary content created and owned by Cyber Proficiency Center. This section describes the types of digital goods available, as well as any limitations or restrictions on their use:
- Description of Digital Goods:
- Our digital goods include, but are not limited to, Cyber Proficiency Assessments and Cyber Proficiency Courses.
- Each digital good is designed to provide value and enhance your experience with high-quality, proprietary content created by Cyber Proficiency Center.
- Access and Delivery:
- Upon successful purchase, you will receive access to the digital goods through your registered account on our website.
- Access to digital goods may be provided via web applications, streaming services, or other digital delivery methods, depending on the nature of the content.
- You are responsible for ensuring that your device and internet connection are capable of accessing and using the digital goods.
- License and Usage Restrictions:
- When you purchase digital goods, you are granted a limited, non-exclusive, non-transferable license to access and use the content for use on behalf of the company or organization you work for. You can also share the digital goods with other members of your company or organization.
- This license does not grant you any ownership rights to the digital goods, and all intellectual property rights remain with Cyber Proficiency Center.
- You agree not to:
- Copy, reproduce, distribute, or create derivative works from the digital goods.
- Share, sell, or distribute access to the digital goods with third parties.
- Modify, alter, or reverse engineer any part of the digital goods.
- Remove, alter, or obscure any proprietary notices or labels on the digital goods.
- Limitations and Restrictions:
- Your access to digital goods may be subject to specific terms and conditions outlined at the time of purchase, including usage limits, expiration dates, or other restrictions.
- Some digital goods may require periodic internet access for authentication or updates. You are responsible for ensuring ongoing access to the internet to utilize these goods.
- Unauthorized use of the digital goods may result in the termination of your access and the revocation of the license granted to you.
- Updates and Changes:
- Cyber Proficiency Center reserves the right to update, modify, or discontinue any digital goods at any time. We will notify you of any significant changes that may affect your access to purchased content.
- In the event that a digital good is discontinued, we will make reasonable efforts to provide you with alternative access or a suitable replacement, subject to availability and at our discretion.
- Support and Assistance:
- If you encounter any issues with accessing or using the digital goods, please contact our support team at support@cp.center We are committed to providing timely assistance to ensure your satisfaction with our products.
By purchasing and accessing digital goods on Cyber Proficiency Center, you agree to comply with these terms and conditions. We strive to deliver high-quality digital content and appreciate your respect for our proprietary rights.
Payment Terms
At Cyber Proficiency Center, we aim to provide a seamless and secure payment experience for purchasing digital goods. This section outlines the payment process, including accepted payment methods, pricing, billing frequency, and any applicable taxes or fees:
- Accepted Payment Methods:
- We accept a variety of payment methods to accommodate your preferences, including:
- PayPal
- PayU
- All payments are processed securely through trusted third-party payment providers to ensure the safety of your financial information.
- Pricing:
- The prices for digital goods are clearly displayed on our website at the time of purchase. All prices are listed in USD, EURO and PLN and are subject to change at our discretion.
- We strive to ensure accurate pricing information, but in the event of a pricing error, we reserve the right to correct the error and notify you of the correct price. You will have the option to continue with the purchase at the corrected price or cancel the order.
- Billing Frequency:
- For one-time purchases, your payment will be processed immediately upon completion of the transaction.
- Taxes and Fees:
- All prices listed on our website are exclusive of any applicable taxes or fees. Depending on your location, you may be responsible for paying additional sales tax, VAT, or other taxes required by law.
- Any applicable taxes or fees will be calculated and added to your total purchase amount at checkout. You will have the opportunity to review these charges before completing your transaction.
- Payment providers might add currency conversion fee if needed.
- Payment Confirmation:
- Upon successful payment, you will receive a confirmation email with details of your purchase, including the digital goods purchased, the amount paid, and any applicable billing information.
- If you do not receive a payment confirmation or encounter any issues with your payment, please contact our support team at support@cp.center
- Refunds and Cancellations:
- Our refund policy is outlined separately in our 'Refund Policy'. Please review this policy for information on eligibility and procedures for requesting refunds.
- Payment Security:
- We take the security of your payment information seriously and use industry-standard encryption and security measures to protect your data during transactions.
- Our third-party payment providers are PCI-DSS compliant, ensuring that your payment information is handled securely.
By completing a purchase on Cyber Proficiency Center, you agree to these payment terms. If you have any questions or need assistance with your payment, please contact us at support@cp.center .
Ownership of Content
The digital goods and content available on Cyber Proficiency Center are proprietary and owned by Krystian Piwowarczyk. By purchasing access to this content, you agree to the following terms regarding the ownership and use of the content:
- Proprietary Rights:
- All content provided through our website, including but not limited to text, graphics, images, videos, audio, software, and other materials, is the exclusive property of Cyber Proficiency Center.
- This content is protected by international copyright laws, trademark laws, and other intellectual property rights.
- License for Personal Use:
- When you purchase access to our digital goods, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the content for use on behalf of the company or organization you work for. You can also share the digital goods with other members of your company or organization.
- This license allows you to view, download, and interact with the content on your personal devices as permitted by these Terms and Conditions.
- Restrictions on Use:
- You are expressly prohibited from copying, reproducing, distributing, publicly displaying, or creating derivative works from our content without prior written permission from Cyber Proficiency Center.
- You may not share, sell, rent, lease, or sublicense the content to any third party.
- You must not remove, alter, or obscure any copyright, trademark, or other proprietary notices on the content.
- No Ownership Transfer:
- Purchasing access to digital goods does not transfer any ownership rights to you. All rights, titles, and interests in and to the content remain with Cyber Proficiency Center.
- Any unauthorized use of the content may result in termination of your access and may subject you to legal action.
- Protection of Intellectual Property:
- We reserve the right to enforce our intellectual property rights to the fullest extent of the law. This includes seeking legal remedies against individuals or entities that infringe upon our proprietary rights.
- If you become aware of any unauthorized use of our content, you agree to promptly notify us at support@cp.center .
- Content Modifications:
- We may update, modify, or remove content from our website at any time without prior notice. These changes are made to improve our offerings and maintain the quality of our digital goods.
- You acknowledge that content availability is subject to change and that we are not liable for any modifications or discontinuations of content.
By accessing and using the digital goods provided by Cyber Proficiency Center, you agree to comply with these terms regarding the ownership and use of our proprietary content. If you have any questions or need further clarification about the ownership of content, please contact us at support@cp.center .
Prohibited Activities
To ensure a secure and fair environment for all users, Cyber Proficiency Center prohibits the following activities. By using our website and purchasing digital goods, you agree to refrain from engaging in any of these prohibited activities:
- Unauthorized Copying and Distribution:
- You must not copy, reproduce, distribute, share, or otherwise transfer any digital goods or content without explicit written authorization from Cyber Proficiency Center.
- Unauthorized sharing or distribution of content, including sharing access credentials with third parties, is strictly prohibited.
- Creating Derivative Works:
- You are prohibited from modifying, adapting, translating, or creating derivative works based on any content provided through our website without prior written consent from Cyber Proficiency Center.
- Commercial Use:
- The digital goods and content are provided for commercial use only. You can also share the digital goods with other members of your company or organization. However, you and the company or organization you work for are not allowed to selling or reselling the content in any manner for commercial gain.
- Hacking and Disruption:
- You must not attempt to hack, disrupt, or interfere with the functioning of our website, servers, or networks.
- Activities such as introducing viruses, malware, or any other harmful code, or engaging in denial-of-service attacks, are strictly prohibited.
- However, it is allowed to take actions aimed at detecting security vulnerabilities, as long as the findings are reported to security@cp.center and these actions do not result in reduced platform performance through too many HTTP requests per second.
- Unauthorized Access:
- You must not attempt to gain unauthorized access to any part of our website, including user accounts, systems, or networks connected to our services.
- Accessing or using the accounts or personal information of other users without permission is strictly forbidden.
- Any access violations should be reported to security@cp.center .
- Automated Data Collection:
- You are prohibited from using automated systems, bots, or scripts to collect data or interact with our website without prior written authorization from Cyber Proficiency Center.
- Impersonation and Misrepresentation:
- You must not impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity while using our website.
- Providing false or misleading information in your account or during transactions is strictly prohibited.
- You must represent a company or organization. Our offer is addressed exclusively to companies and organizations.
- Infringement of Intellectual Property Rights:
- You must not use the content in a manner that infringes upon the intellectual property rights of Cyber Proficiency Center or any third party.
- This includes not removing, altering, or obscuring any copyright, trademark, or other proprietary notices.
- Spamming and Solicitation:
- You must not engage in spamming, including sending unsolicited promotional or advertising materials, chain letters, or any other form of solicitation using our website.
- Posting or transmitting unauthorized commercial communications through our platform is strictly prohibited.
- Violation of Laws and Regulations:
- You must not use our website or services to engage in any activity that violates local, national, or international laws or regulations.
- This includes any activity that promotes or facilitates illegal activities, fraud, or other harmful behavior.
- Abusive Behavior:
- You must not engage in any behavior that is abusive, threatening, harassing, or harmful to other users or our staff.
- This includes any form of communication or conduct that is defamatory, obscene, or discriminatory.
By adhering to these guidelines, you help us maintain a secure, respectful, and fair environment for all users. If you violate any of these prohibited activities, we reserve the right to suspend or terminate your access to our website and services, and to take appropriate legal action.
Intellectual Property Rights
At Cyber Proficiency Center, we are committed to protecting the intellectual property rights associated with our digital goods and content. By using our website and purchasing our digital goods, you agree to respect and uphold the following intellectual property rights:
- Ownership:
- All digital materials that are part of Cyber Proficiency Center Assessments, are the exclusive property of Cyber Proficiency Center.
- These digital goods and content are protected by international copyright laws, trademark laws, and other intellectual property rights.
- Copyrights:
- The content provided on our website is protected by copyright law. All rights are reserved. You may not copy, reproduce, distribute, or create derivative works from our content without explicit written permission from Cyber Proficiency Center.
- Unauthorized copying or distribution of our copyrighted content is strictly prohibited and may result in legal action.
- Trademarks:
- All trademarks, service marks, logos, and trade names associated with Cyber Proficiency Center are protected by trademark law.
- You are not permitted to use any trademarks, service marks, logos, or trade names displayed on our website without the prior written consent of Cyber Proficiency Center.
- Proprietary Rights:
- The digital goods and content provided through our website are proprietary to Cyber Proficiency Center. You acknowledge and agree that all rights, titles, and interests in and to the content, including all associated intellectual property rights, remain with Cyber Proficiency Center.
- The digital goods and content are provided for commercial use only. You can also share the digital goods with other members of your company or organization. However, you and the company or organization you work for are not allowed to selling or reselling the content in any manner for commercial gain.
- License Restrictions:
- The license granted to you does not include the right to:
- Modify, adapt, or create derivative works from the content.
- Decompile, reverse engineer, or disassemble any software or other products associated with the content.
- Rent, lease, loan, sell or sublicense the content to any third party. However, you are free to share assessments results within your company or organization, and share assessments results with other commercial entities as part of your business.
- Any unauthorized use of the content may result in the termination of your license and access to the digital goods, and may subject you to legal action.
- Protection and Enforcement:
- Cyber Proficiency Center reserves the right to enforce our intellectual property rights to the fullest extent of the law. This includes seeking legal remedies against individuals or entities that infringe upon our proprietary rights.
- If you become aware of any unauthorized use or infringement of our content, you agree to promptly notify us at support@cp.center .
- User-Generated Content:
- We declare that we will not use the user-generated content you post on our platform for any purpose, commercial or non-commercial.
- You represent and warrant that you own or have the necessary rights to submit user-generated content and that such content does not infringe upon the intellectual property rights of any third party.
By accessing and using the digital goods and content provided by Cyber Proficiency Center, you agree to comply with these terms regarding the protection of intellectual property rights. If you have any questions or need further clarification about our intellectual property rights, please contact us at support@cp.center .
License Agreement
By purchasing digital goods through Cyber Proficiency Center, you are granted a limited license to access and use the content in accordance with the following terms. This license agreement outlines the scope of the license, the conditions of use, and your obligations as a user.
- Grant of License:
- Upon completing a purchase, Cyber Proficiency Center grants you a limited, non-exclusive, non-transferable, revocable license to access and use the digital goods for use on behalf of the company or organization you work for.
- This license is provided solely for the company or organization you work for, for commercial use only, and does not convey any ownership rights to the content.
- Scope of Use:
- You may access and use the digital goods on compatible devices, subject to the terms of this agreement and any specific terms provided at the time of purchase.
- You are permitted to download or stream the content, if applicable, to your personal devices for offline use, provided that such use is consistent with the license terms.
- Restrictions on Use:
- You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or sell any part of the digital goods.
- You are prohibited from sharing your access credentials with others or allowing third parties to access the digital goods through your account. You are allowed to share your access credentials within the company or organization you work for, however we recommend creating additional accounts for other members or we recommend you consider purchasing a private instance for your company or organization.
- You must not modify, adapt, reverse engineer, decompile, or disassemble any software or other components of the digital goods.
- Prohibited Activities:
- Engaging in any activity that violates the intellectual property rights of Cyber Proficiency Center or any third party is strictly prohibited.
- You must not use the digital goods for any unlawful or prohibited purpose, including but not limited to infringing on copyrights, trademarks, or other proprietary rights.
- You are not permitted to use the digital goods in any manner that could damage, disable, overburden, or impair our website or interfere with any other party's use and enjoyment of the digital goods.
- Termination of License:
- This license is effective until terminated. Cyber Proficiency Center reserves the right to terminate your access to the digital goods at any time if you violate any terms of this agreement.
- Upon termination, you must cease all use of the digital goods and delete any copies that you have made.
- Compliance with Terms and Conditions:
- Your use of the digital goods is subject to your compliance with these Terms and Conditions, as well as any additional terms specified at the time of purchase.
- Failure to comply with these terms may result in the suspension or termination of your license and access to the digital goods.
- Updates and Modifications:
- Cyber Proficiency Center may update or modify the digital goods from time to time to improve functionality, correct errors, or enhance user experience. Such updates may be provided automatically without prior notice.
- You agree to accept any updates or modifications as part of your license to use the digital goods.
- Limitation of Liability:
- Cyber Proficiency Center makes no warranties, express or implied, regarding the digital goods, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
- In no event shall Cyber Proficiency Center be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the digital goods.
By purchasing and accessing the digital goods through Cyber Proficiency Center, you acknowledge and agree to abide by the terms of this License Agreement. If you have any questions or need further clarification about this license, please contact us at support@cp.center .
Refund Policy
At Cyber Proficiency Center, we strive to ensure that you are satisfied with your purchase. This Refund Policy outlines the process for requesting refunds, including eligibility criteria, conditions, and restrictions.
- Eligibility for Refunds:
- Refunds may be granted under specific circumstances, such as technical issues that prevent access to the digital goods, incorrect billing, or other errors on our part.
- Refund requests must be submitted within 21 days of the purchase date. Refund requests made after this period may not be considered.
- Conditions for Refunds:
- To be eligible for a refund, you must provide proof of purchase, such as a receipt or order confirmation email.
- The digital goods must not have been used beyond a reasonable extent. Significant usage of the content may disqualify you from receiving a refund.
- Refunds will not be issued for changes of mind, accidental purchases, or if you no longer want or need the digital goods.
- Non-Refundable Items:
- Certain digital goods, including but not limited to Cyber Proficiency Assessments that were completed by candidate, are non-refundable unless they are found to be defective or not as described.
- Subscription fees, once paid, are generally non-refundable. However, exceptions may be made in cases of technical issues or errors on our part.
- Refund Request Process:
- To request a refund, please contact our support team at support@cp.center with the following information:
- Your full name and contact details
- Order number or transaction ID
- Reason for requesting the refund
- Any relevant documentation or screenshots to support your request
- Our support team will review your request and respond within 7 business days. Additional information may be requested to process your refund.
- Refund Approval and Processing:
- If your refund request is approved, the refund will be processed to the original payment method used for the purchase. Please note that it may take 7 business days for the refund to appear on your statement, depending on your payment provider.
- You will receive a confirmation email once the refund has been processed.
- Partial Refunds:
- In certain situations, partial refunds may be granted at our discretion. This may occur if only a portion of the digital goods is found to be defective.
- Alternatively, additional digital goods (e.g. additional Assessments or credits) might be granted as part of the compensation. If both parties agree to such a solution.
- Changes to the Refund Policy:
- We reserve the right to update or modify this Refund Policy at any time. Any changes will be effective immediately upon posting on our website. We encourage you to review this policy periodically for any updates.
By purchasing digital goods from Cyber Proficiency Center, you agree to this Refund Policy. If you have any questions or need assistance with your refund request, please contact us at support@cp.center
Disclaimer of Warranties
The digital goods provided through Cyber Proficiency Center are offered on an "as is" and "as available" basis. By purchasing and accessing these digital goods, you acknowledge and agree to the following disclaimers regarding warranties:
- No Warranties:
- Cyber Proficiency Center makes no representations or warranties of any kind, express or implied, regarding the digital goods, including but not limited to warranties of quality, accuracy, completeness, reliability, merchantability, or fitness for a particular purpose.
- As Is:
- The digital goods are provided "as is" without any guarantees or assurances that they will meet your requirements or expectations. Cyber Proficiency Center does not warrant that the digital goods will be uninterrupted, timely, secure, or error-free.
- No Responsibility for Errors:
- While we strive to ensure the accuracy and quality of the content provided, Cyber Proficiency Center does not warrant or make any representations regarding the use or the results of the use of the digital goods in terms of their correctness, accuracy, reliability, or otherwise.
- No Liability for Damages:
- Cyber Proficiency Center shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- The use or the inability to use the digital goods.
- Any errors, mistakes, or inaccuracies in the content.
- Any unauthorized access to or use of our servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from our website.
- Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party.
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content made available via the digital goods.
- No Warranty for Third-Party Services:
- Cyber Proficiency Center does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our website or any hyperlinked website or featured in any banner or other advertising.
- Cyber Proficiency Center will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
- Customer Responsibility:
- You are solely responsible for ensuring that your use of the digital goods complies with all applicable laws, regulations, and industry standards. You assume all risks associated with the use of the digital goods.
- Modification of Content:
- Cyber Proficiency Center reserves the right to modify, suspend, or discontinue, temporarily or permanently, the digital goods (or any part thereof) with or without notice at any time. You agree that Cyber Proficiency Center shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the digital goods.
By purchasing and using the digital goods from Cyber Proficiency Center, you acknowledge that you have read, understood, and agree to this Disclaimer of Warranties. If you have any questions or need further clarification, please contact us at support@cp.center .
Limitation of Liability
By using Cyber Proficiency Center and purchasing digital goods, you agree to the following limitations on liability for any damages that may arise from your use or inability to use the website or digital goods:
- Exclusion of Certain Damages:
- To the maximum extent permitted by applicable law, Cyber Proficiency Center shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from:
- The use or the inability to use the website or digital goods.
- The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into through or from the website.
- Unauthorized access to or alteration of your transmissions or data.
- Statements or conduct of any third party on the website.
- Any other matter relating to the website or the digital goods.
- Total Liability Cap:
- In no event shall the total liability of Cyber Proficiency Center, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the website or digital goods, exceed the amount paid by you, if any, for accessing the digital goods during the twelve (12) months immediately preceding the date of the claim.
- Assumption of Risk:
- You expressly understand and agree that your use of the website and digital goods is at your sole risk. The website and digital goods are provided on an "as is" and "as available" basis. Cyber Proficiency Center expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- No Liability for User Actions:
- Cyber Proficiency Center is not responsible for any actions taken by users or other third parties that may affect your use of the website or digital goods. This includes but is not limited to actions by other users, third-party service providers, or external entities.
- Limitation for Jurisdictional Variations:
- Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Cyber Proficiency Center's liability is limited to the greatest extent permitted by law.
- Indemnification:
- You agree to indemnify, defend, and hold harmless Cyber Proficiency Center, from and against any claims, actions, demands, liabilities, and settlements, including without limitation, reasonable legal and accounting fees, arising out of or resulting from your violation of these Terms and Conditions or your use of the website or digital goods.
By using the website and purchasing digital goods from Cyber Proficiency Center, you acknowledge and agree to this Limitation of Liability. If you have any questions or need further clarification, please contact us at support@cp.center .
Indemnification
By using Cyber Proficiency Center and purchasing digital goods, you agree to indemnify and hold harmless the website owner, Cyber Proficiency Center, from any claims, losses, or damages arising from your violation of the Terms and Conditions or infringement of any third-party rights. This section outlines your agreement to indemnify Cyber Proficiency Center and the terms of your indemnification:
- Scope of Indemnification:
- You agree to indemnify, defend, and hold harmless Cyber Proficiency Center, from and against any and all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your use of the website or digital goods.
- Your violation of these Terms and Conditions.
- Your violation of any rights of another party, including but not limited to intellectual property rights, privacy rights, or rights of publicity.
- Third-Party Claims:
- This indemnification obligation extends to claims made by third parties against Cyber Proficiency Center, including but not limited to claims for defamation, infringement of intellectual property rights, privacy violations, or any other harm caused by your use of the website or digital goods.
- Defense of Claims:
- Cyber Proficiency Center reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with Cyber Proficiency Center in asserting any available defenses.
- Notification of Claims:
- You agree to promptly notify Cyber Proficiency Center of any claims or actions brought against you or Cyber Proficiency Center arising from your use of the website or digital goods. Failure to provide timely notice may limit your ability to indemnify Cyber Proficiency Center.
- Limitation of Liability:
- This indemnification provision is intended to protect Cyber Proficiency Center from liabilities and costs incurred as a result of your actions. However, it does not limit or exclude any liability that cannot be limited or excluded under applicable law.
- Continuing Obligations:
- Your indemnification obligations under this section shall survive the termination or expiration of these Terms and Conditions, as well as your use of the website or digital goods.
By using the website and purchasing digital goods from Cyber Proficiency Center, you acknowledge and agree to this Indemnification provision. If you have any questions or need further clarification, please contact us at support@cp.center .
Termination
This section outlines the conditions under which the user's access to the website and digital goods may be terminated, including for violations of the Terms and Conditions or for any other reason deemed necessary by the website owner, Cyber Proficiency Center:
- Violation of Terms and Conditions:
- Your access to the website and digital goods may be terminated if you violate any provision of these Terms and Conditions. This includes but is not limited to:
- Unauthorized use or reproduction of digital goods.
- Breach of intellectual property rights.
- Violation of any applicable laws or regulations.
- Any other conduct that Cyber Proficiency Center determines, in its sole discretion, to be inappropriate or harmful.
- Misuse of Website:
- Cyber Proficiency Center reserves the right to terminate your access to the website and digital goods if you engage in any conduct that disrupts, interferes with, or harms the operation of the website or the experience of other users.
- Fraudulent Activity:
- Any attempt to engage in fraudulent activity, including but not limited to unauthorized access to payment information, identity theft, or chargebacks, may result in immediate termination of your access to the website and digital goods, as well as legal action.
- Discretionary Termination:
- Cyber Proficiency Center reserves the right to terminate your access to the website and digital goods for any reason deemed necessary by Cyber Proficiency Center, without prior notice or liability.
- Effect of Termination:
- Upon termination of your access to the website and digital goods, all licenses and rights granted to you under these Terms and Conditions will immediately cease.
- You will no longer have access to the digital goods, and any unpaid fees or charges will become immediately due and payable.
- Appeals Process:
- If you believe your access to the website and digital goods has been terminated unfairly, you may submit an appeal to Cyber Proficiency Center. Appeals will be reviewed on a case-by-case basis, and Cyber Proficiency Center reserves the right to reinstate access at its discretion.
By using the website and purchasing digital goods from Cyber Proficiency Center, you acknowledge and agree to the conditions outlined in this Termination section. If you have any questions or concerns, please contact us at support@cp.center .
Governing Law and Jurisdiction
This section specifies the choice of law and jurisdiction that will govern any disputes arising from the Terms and Conditions between you, the user, and Cyber Proficiency Center:
- Choice of Law:
- These Terms and Conditions and any disputes or claims arising out of or in connection with them shall be governed by and construed in accordance with the laws of Poland and the European Union, without regard to its conflict of law provisions.
- Jurisdiction:
- Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including the validity, invalidity, breach, or termination thereof, shall be resolved by the courts of Poland and the European Union.
- You agree to submit to the exclusive jurisdiction of the courts of Poland and the European Union for the resolution of any such disputes.
- Waiver of Forum Non Conveniens:
- You agree not to raise any objections to the jurisdiction of the courts of Poland and the European Union on the grounds of forum non conveniens or any similar doctrine.
- Consent to Jurisdiction:
- By using the website and purchasing digital goods from Cyber Proficiency Center, you hereby consent to the jurisdiction of the courts of Poland and the European Union and waive any objections to the exercise of jurisdiction over you by such courts.
- Severability:
- If any provision of this section or these Terms and Conditions is found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
By using the website and purchasing digital goods from Cyber Proficiency Center, you acknowledge and agree to the choice of law and jurisdiction specified in this section. If you have any questions or concerns, please contact us at support@cp.center .
Changes to the Terms and Conditions
This section outlines the procedure for updating the Terms and Conditions of Cyber Proficiency Center, including how users will be notified of any changes:
- Updates and Modifications:
- Cyber Proficiency Center reserves the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on the website.
- It is your responsibility to review these Terms and Conditions periodically for any updates or modifications.
- Notification of Changes:
- Cyber Proficiency Center may notify users of changes to the Terms and Conditions by any means deemed appropriate, including but not limited to email notification, pop-up messages on the website, or posting a notice on the website's homepage.
- By continuing to use the website and digital goods after any changes to the Terms and Conditions, you acknowledge and agree to the updated terms.
- Opt-Out Option:
- If you do not agree with the updated Terms and Conditions, you may choose to discontinue your use of the website and digital goods or even delete your account using 'Delete account' section in you Account settings. Your continued use of the website and digital goods following the posting of any changes indicates your acceptance of those changes.
- Effective Date of Changes:
- Changes to the Terms and Conditions will be effective as of the date they are posted on the website, unless otherwise specified. Your continued use of the website and digital goods after the effective date constitutes your acceptance of the revised terms.
- Contact Information:
- If you have any questions or concerns about the updated Terms and Conditions, please contact us at support@cp.center . We are here to assist you and provide clarification on any changes.
By using the website and purchasing digital goods from Cyber Proficiency Center, you acknowledge and agree to the procedures outlined in this section regarding changes to the Terms and Conditions. Thank you for your understanding and cooperation.
Contact Information
For any questions, concerns, or requests regarding the Terms and Conditions or your use of Cyber Proficiency Center, please feel free to reach out to us using the following contact details:
Customer Support Email: support@cp.centerOur dedicated customer support team is available to assist you with any inquiries you may have regarding the Terms and Conditions, your account, or the digital goods available on our website.
Thank you for your trust in Cyber Proficiency Center. We strive to provide you with the best possible experience and are committed to addressing your questions and concerns promptly and effectively.
Terms and Conditions version: 1.0
Terms and Conditions last update time: 06/06/2024