Bloombrain OU Terms and Conditions
Effective Date: January 1st 2024
Welcome to Bloomcoding.org, owned and operated by Bloombrain OÜ, a company registered on September 13, 2021, with its registered office at Ahtri tn 12, Tallinn, 10151, Estonia. Tax code: 16314568. Throughout these Terms and Conditions, Bloombrain OÜ, the owner of the website, will be referred to as the “Company” and/or “Service Provider”.
By accessing and using Bloomcoding.org, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, you should not access or use our website.
1. DEFINITIONS
In these Terms and Conditions:
1.1. Website: The term “Website” refers to the website bloomcoding.org.
1.2. Provider Content: “Provider Content” includes all information, text, graphics, images, videos, software, and any other materials available on the Website.
1.3. Editor: “Editor” refers to Bloombrain OÜ, the publisher of bloomcoding.org.
1.4. User: The term “User” refers to any person who uses the Website.
1.5. Service Provider: The term “Service Provider” refers to Bloombrain OÜ, as identified above.
1.6. Client: “Client” means the natural or legal person who accesses the Platform and places an Order to purchase the Services offered by the Service Provider. It also refers to any user who meets the general terms of use and who has expressed interest as a buyer by responding to an advertising campaign or by communicating in another way with the provider, expressing their legitimate interest.
1.7. Subscriber: The term “Subscriber” refers to a minor between the ages of 5 and 17 for whom the Client holds guardianship rights and is one of the primary custodians or can exercise custody rights as a relative or trusted person. The “Subscriber” will receive services from Bloomcoding.org in the form of cohort/group lessons or individual lessons in accordance with these terms and conditions.
1.8. Services: “Services” means any services offered to the Client for purchase, for a fee, through the Platform.
1.9. Order: An “Order” means an order placed by the Client through the Platform and/or payment platforms, expressing their commitment to purchase one or more Services, under the conditions set out in this document and/or agreed upon with the Provider through remote communication.
1.10. Contract: The “Contract” means the distance consent agreement between the Provider and the Client, without the simultaneous physical presence of the parties, concerning the sale or purchase of one or more Services on the Platform, through an Order placed by the Client and accepted by the Provider, in compliance with the legal provisions and the terms and conditions for the online provision of services by the Provider.
1.11. Content: The term “Content” refers to the data sent by the user in the various sections of the site.
1.12. Form: The term “Form” designates the request form for various services, such as, but not limited to: a free demo lesson; an enrollment request and/or a purchase intent related to the enrollment or subscription fees for online programming lessons.
1.13. Commercial Terms: “Commercial Terms” represent the standard offers without discounts applied and do not include value-added services.
1.14. Individual Lessons: “Individual Lessons” consist of lessons in which lessons for students are held individually with the instructor, with the aim of enriching the students’ experience.
1.15. Catch-up Lessons: “Catch-up Lessons” consist of lessons in which students take individual or group lessons with the instructor, with the aim of keeping up with the school curriculum.
1.16. Group Lessons: “Group Lessons” consist of lessons in which the student participates in a group of a minimum of 2 and a maximum of 6 students.
1.17. Platform: the providers of afterschool services that combine technology (learning management system, video conferencing, bloomcoding.org website and all its sub-pages) with processes (enrollment, curriculum) and people (tutors, students) to deliver educational experiences (individual, group lessons) to subscribers.
2. ACCEPTANCE OF TERMS
By accessing or using Bloomcoding.org, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions. If you do not agree to these terms, please refrain from using the website.
3. MODIFICATIONS TO TERMS
Bloomcoding.org reserves the right to modify, update, or change these Terms and Conditions at any time without prior notice. The most current version of the Terms will be posted on the website and will be effective immediately upon posting. Your continued use of the Website following any changes constitutes your acceptance of the modified Terms.
4. INTELLECTUAL PROPERTY
4.1. Ownership: The content of the Bloomcoding.org platform, including but not limited to images, text, web graphics, scripts, software, design rights, model rights, patents, and trademarks, is the exclusive property of the Company/Bloomcoding.org. All rights reserved.
4.2. Legal Protection: The content of the Bloomcoding.org platform is protected by copyright law and other applicable laws relating to intellectual property. Any unauthorized use, reproduction, distribution, or modification of the content is strictly prohibited and punishable under applicable law.
4.3. Limited Use Rights: The Company may grant the user/client the right to use certain content of the platform through a separate written agreement. This right of use is limited to the content(s) defined in the agreement, for the period specified therein, and only for the person(s) expressly authorized to use such content(s). Any use of other content on the platform is strictly prohibited.
4.4. Use of Registered Trademarks – No Endorsement: The use of any registered trademark on the Bloomcoding.org platform does not constitute an endorsement or advertisement for those companies. The Company disclaims any responsibility for such use and shall not be liable for any damages resulting from the use of the site’s content.
4.5. Complaints regarding Copyright Infringement: If you believe that any content on the Bloomcoding.org platform infringes your copyright or other intellectual property rights, please notify us by sending a written complaint to legal [at] bloomcoding.org. Your complaint must include the following information:
(a) A description of the copyrighted work or intellectual property that you claim has been infringed.
(b) Identification of the material that you claim is infringing, including the location of the infringing material on the Bloomcoding.org platform.
(c) Your contact information, including your name, address, telephone number, and email address.
(d) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
(e) A statement, made under penalty of perjury, that the information in your complaint is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
4.6. Company’s response: Upon receipt of a valid notification of copyright infringement, the Company will take appropriate action, which may include removal or disabling access to the allegedly infringing material.
4.7. Severability: If any provision of these Terms of Use and Intellectual Property is held to be invalid or unenforceable, such provision shall be severed from the remainder of the agreement, and the other provisions shall continue in full force and effect.
4.8. Governing Law: These Terms of Use and Intellectual Property shall be governed by and construed in accordance with the laws of the European Union and the laws of the Republic of Estonia applicable thereto.
5. GENERAL TERMS OF USE
5.1. COPPA Compliance: We comply with the Children’s Online Privacy Protection Act (COPPA) and do not knowingly collect personal information from children under 13 years of age without verifiable parental consent. If you are a parent or guardian and believe we may have inadvertently collected personal information from your child, please contact us immediately at privacy [at] bloomcoding.org
5.2. EU Users: If you are accessing our service from within the European Union, you have certain rights under the General Data Protection Regulation (GDPR). Please refer to our Privacy Policy for more information about your rights and how we handle your personal data.
5.3. Users are solely responsible for maintaining the confidentiality of their account information and are responsible for all activities that occur under their account created on the platform.
5.4. The Company reserves the right to suspend or terminate any user’s access to the platform at its sole discretion, without prior notice, if the user violates these Terms and Conditions or engages in any activity that may impair the integrity of the platform.
5.5. Users shall not use the platform for any illegal or unauthorized purpose or in any way that could cause damage to the platform, company or impair service delivery.
5.6. The Company/Bloomcoding.org may collect and process personal information in accordance with its Privacy Policy.
5.7. Age Requirement and Contractual Capacity:
(a) To register for the Service, either use of the platform, individuals must have reached the legal age required to enter into a binding contract in their jurisdiction. If a person is under 18 years of age and does not have the legal capacity to enter into a contract, their parent or legal guardian must read and accept these Terms on their behalf before using the Service or Platform.
(b) In the event that a person under the age of 18 intends to use the Service or Platform, and their parent or legal guardian has consented to such use, both such person and their parent or legal guardian shall be bound by these Terms and agree to use or access the Services in full compliance with these Terms.
5.8. The Service is strictly unavailable to:
(a) any users who have previously been suspended or banned from using the Service; or
(b) any persons under the age of eighteen (18) whose use of the Service has not been authorized by a parent or legal guardian.
5.9. Terms of Access and Use:
(a) The platform provides free and open access to any user who meets the legal conditions for using the services offered.
(b) By using the platform, the User implicitly accepts and agrees to comply with all the general terms of use set forth in this document.
(c) The User acknowledges that checking the box dedicated to approval of the general terms of use will be considered equivalent to providing a handwritten signature, thus signifying their agreement to these terms.
(d) The User acknowledges the evidentiary value of the automatic recording systems of the site editor and. or of the Service Provider and, except in the event of providing convincing evidence to the contrary, waives any right to contest the authenticity or accuracy of these records in the event of any dispute.
(e) Acceptance of these general terms of use implies that the User has the necessary legal capacity to do so.
(f) The general terms of use are those in force at the time the User visits the Site.
5.10. Content Recording and Photography: The Client agrees not to make any audio, video, or photographic recordings during the training sessions. This obligation is imposed by the laws governing the protection of minors’ personal data, specifically COPPA and GDPR. Any violation of this obligation constitutes a criminal offense and may result in civil and criminal penalties, including substantial fines and damages. Additionally, the Client may be held liable under national laws governing child protection and electronic commerce.
6. SERVICES PROVIDED
6.1. Provision and Acceptance of Services: Bloomcoding.org (the Service Provider) undertakes to provide services to students in the form of individual or group lessons. The Client undertakes to accept and remunerate the services provided by the Service Provider in accordance with the procedures and regulations provided.
6.2. Language of Service Provision: The services offered by Bloomcoding.org and/or the platform are provided primarily in the language of the market. These services take into account the use of terms, names, codes, and programming languages from foreign language programs, which may include foreign letters and words (especially from the English language).
6.3. Lesson Duration: The duration of the lessons offered by Bloomcoding.org is set at:
(a) Fifty (50) minutes for group lessons;
(b) Fifty (50) minutes for both individual and Catch-Up Lessons;
(c) For the latest information on the course schedule, please consult Customer Care Service.
7. SUBSCRIPTIONS AND FEES
7.1. Payment Terms
(a) Subscription Fees: The subscription for the Service may be billed either in full or in installments at the Client’s choice. The provider reserves the right to limit installment plans, subject to the platform’s sustainability margins.
(b) Late Payment: Failure to pay the subscription fee in a timely manner, not exceeding 14 calendar days, will result in the termination of the Client’s use of the Service and/or Platform, waiving all and any refund or reimbursement responsibility at the Service Provider’s end.
7.2. Registration Fee
(a) Registration Fee: The registration fee, also known as the “enrollment fee,” is a one-time, online payment required for each enrolled child.
(b) Purpose: The registration fee serves as a guarantee for the enrollment of the subscription beneficiary and the formation of the student group, being a separate and non-refundable fee, charged to ensure the enrollment of the student under the terms offered by the Client.
(c) Form: Payment of the registration fee entitles the Client to receive a “Children’s Availability Form” to select a convenient program for the subscription beneficiary. In particular cases where the language and complexity requirement of the course is subject to availability, the Client must choose one of the options provided by the Service Provider.
(d) Validity: The registration fee is paid only once, for each subscription beneficiary, and remains valid for the duration of the selected subscription.
(e) Refunds: The registration fee is non-refundable, except in the case where the group has not been formed within 6 weeks of completing the “Children’s Availability Form” and no group option has been offered within that timeframe. If 3 group options have been offered according to the “Children’s Availability Form” and the Client has refused them, an additional registration fee will be charged to identify other group options.
(f) Group Formation: Upon group formation, the parent will be invited to select the type of subscription.
7.3. Available Subscriptions
(a) 6-Month Subscription: Includes 24 online Bloomcoding lessons delivered in groups of up to 6 children.
(b) 12-Month Subscription: Includes 48 online Bloomcoding lessons delivered in groups of up to 6 children.
(c) 24-Month Subscription: Includes 96 online Bloomcoding lessons delivered in groups of up to 6 children.
(d) Number of lessons: While the number of lessons included in each subscription is fixed, Bloomcoding recognizes that individual learning paces may vary. To ensure no child is left behind, additional lessons may be required to complete a specific educational subject. The cost of such lessons can be covered by either a recurring subscription or the use of Value Add Services featured in the Service Providers’ offering.
7.4. Value-Added Services
(a) Catch-up Lesson: A value-added service for missed classes, provided in a 1-on-1 or group online class, allowing subscribers to catch up on the school curriculum.
(b) Individual Lesson: A value-added service for children seeking additional knowledge beyond the curriculum, provided in a 1-on-1 online class.
(c) Free Catch-up Lesson: Refers to a free, non-monetary value-added service for missed classes, provided in a 1-on-1 or group online class, allowing subscribers to catch up on the curriculum. Subsequent make-up lessons are billable, provided as a value-added service. Additional Catch Up lessons are billable and provided as a value-added service, as detailed in Schedule 7, subparagraph 7.4 list (a).
(d) Eligibility for Free Catch Up Lessons: Free catch up lessons are only eligible for Clients who have notified the Service Provider at least 2 hours prior to the missed lesson. Failure to provide such notification results in the loss of this value-added service. If the Client fails to notify the Service Provider in advance, using the available communication channels about missing the free catch up lesson, they will forfeit their right to a free catch up lesson and can only recover the lost catch up lesson by purchasing a prepaid catch up lesson, as outlined in Schedule 7, subparagraph 7.4 list (a).
(e) General Terms of Value-Added Service Delivery: If a billable value-added service has been paid for but the Client fails to ensure the subscriber’s attendance, the service is considered delivered unless the Client notifies the Provider at least 2 hours prior to the service delivery..
(f) During the delivery of 1-on-1 courses, described as both “Catch up Lessons”, “Free Catch Up Lessons” and/or “Individual Lessons”:
(i )The Client is entitled to one (1) top two (2) Lessons per week.
(ii) A schedule must be agreed upon with a designated instructor.
(iii) The Client retains the right to request a replacement instructor by contacting the direct support line or by submitting a written request stating valid reasons. Requests will be processed within forty-eight (48) hours.
(iv)The Service Provider may decline the request or extend the time for review and resolution. The Client may request a substitute teacher no more than once per month.
(v) In the event that the student fails to attend two consecutive scheduled sessions and does not provide prior notification to the Service Provider, the Service Provider reserves the right to cancel the remaining sessions of the course. The Service Provider will make a reasonable effort to contact the Client to resolve the issue before resuming any lessons.
(vi) The Client waives any claims or causes of action arising from a lesson unless a written notice of such claim or cause of action is provided to the Service Provider via email within one (1) hour of the conclusion of the lesson.
(vii) In the event of a Client’s request to suspend the courses, the Service Provider shall retain the assigned instructor for a period not to exceed fourteen (14) calendar days. Should the suspension period extend beyond fourteen (14) calendar days, the Service Provider shall have no obligation to retain the same instructor.
(viii) The Client agrees to pay the full fee for any session that the Client’s beneficiary fails to attend unless the Client provides at least 12 hours’ prior written notice of cancellation or rescheduling. Failure to provide such notice shall constitute a waiver of the Client’s right to a refund or reschedule.
(ix) The Service Provider shall make a reasonable effort to provide the full duration of each scheduled lesson. If the student arrives late, the lesson shall continue for the remaining scheduled time. In the event that the instructor fails to appear for a scheduled lesson, the Service Provider shall promptly schedule a make-up lesson at no additional charge to the Client.
(x) The Service Provider reserves the right to terminate a lesson if the student fails to connect to the virtual classroom within fifteen (15) minutes of the scheduled start time. In such an event, the lesson shall be deemed to have been provided in full, and any missed instructional time shall be addressed as provided in clause 7.4 list (a) of this Agreement.
(g) In the context of Group Lessons provisioning
(i) The Client is entitled to a maximum of one (1) Group Lesson per week under this Agreement.
(ii) The schedule for Group Lessons is established at the time of entering into this Agreement and is binding on both parties.
(iii) The Client may request a replacement instructor by submitting a written request to the Service Provider, stating the specific reasons for such request. The Service Provider shall make a reasonable effort to accommodate the Client’s request within forty-eight (48) hours of receipt, subject to operational constraints and availability of qualified instructors.
(iv) The Service Provider shall have the exclusive right to determine whether to grant a request for a change of instructor. The Client shall be limited to one request for a change of instructor per six (6) month period.
(v) Failure of the beneficiary to attend two (2) consecutive scheduled sessions without providing a valid excuse shall constitute a material breach of this Agreement. In such event, the Provider may, at its sole discretion, suspend the beneficiary’s participation in the lesson program until the Client has remedied the breach.
(vi) The Client agrees that a lesson shall be considered to have been performed in accordance with the terms of this Agreement unless the Client provides the Service Provider with written notice of any non-conformities within one hour of the lesson’s conclusion. Failure to provide such notice shall constitute a waiver of any claims related to such non-conformities.
(vii) The failure of the student to attend a scheduled lesson without providing at least 24 hours’ written notice to the Service Provider shall be deemed a waiver of the student’s right to the lesson. Any catch up lesson shall be subject to the Service Provider’s policies and procedures, and may be subject to an additional fee.
(viii) The Client shall be responsible for any reduction in lesson duration resulting from the Client’s tardiness. The Service Provider shall be responsible for rescheduling any missed lesson due to the instructor’s failure to attend, at no additional cost to the Client.
(ix) The Service Provider reserves the right to terminate a lesson if the student fails to connect to the virtual classroom within fifteen (15) minutes of the scheduled start time. In such event, the lesson shall be deemed to have been completed, and the student shall be responsible for catching up the missed time in accordance with the catch-up lessons policy outlined in clause 7.4 list (a).
7.5. Payment Terms
The Client shall pay for the Services in accordance with the following payment schedule. Failure to make any payment when due shall constitute a material breach of this Agreement.
(a) Full Payment: For a one-time payment, the full amount for the selected subscription shall be due and payable prior to the commencement of the first lesson.
(b) Installment Payments: For installment payments, the Client shall pay the subscription fee in equal installments as follows:
(i) Subscription 7.3 list (a): Three (3) equal monthly installments, with the first installment due on the commencement date of the first lesson.
(ii) Subscription 7.3 list (b): Seven (7) equal monthly installments, with the first installment due on the commencement date of the first lesson.
(iii) Subscription 7.3 list (c): Nine (9) equal monthly installments, with the first installment due on the commencement date of the first lesson.
(c) Payments shall be automatically deducted at 30-day intervals unless otherwise agreed to in writing by the Parties.
(d) The Client shall make payment for the Services in accordance with the payment terms set forth in this Agreement.
(e) Payment shall be made in accordance with the payment instructions provided by the Provider, including but not limited to bank transfer to the Provider’s designated account.
(f) Payment for the Services shall be due in full prior to the commencement of the first lesson.
(g) The Client agrees to pay for all value-added services in advance. The Service Provider shall provide value-added services in a timely manner and in accordance with the terms and conditions of this Agreement. Failure by the Client to pay for value-added services in advance shall entitle the Service Provider to withhold such services.
(h) The volume discounts set forth in Schedule 7, subparagraph 7.6(a)-(c) are exclusive to Clients who make full payment for the services at the time of purchase. Clients who choose to utilize the installment payment plan shall not be entitled to such volume discounts.
(i) The terms and conditions governing each promotional campaign, including but not limited to the nature and extent of any discounts offered, shall be set forth in a separate promotional offer. The promotional offer shall control in the event of any conflict with these general terms and conditions.
(j) Clients who registered in 2021 and were granted a universal price guarantee shall be entitled to the pricing terms set forth in the agreement entered into at the time of registration. Notwithstanding the foregoing, any time-limited promotional offers or discounts provided to the Client during the 2021 registration period shall be deemed terminated and shall not apply to subsequent billing cycles.
(k) The Customer, being a legal entity, shall be liable for and shall pay all taxes, duties, levies, or other governmental charges of any kind, including, but not limited to, value added tax and any fees associated with international wire transfers, in connection with this Agreement. Such taxes shall be additional to the amounts specified in this Agreement and shall be itemized on all invoices.
7.6. Volume Discounts: The Service Provider offers volume discounts to its Clients. The specific discount percentage applicable to each Client will be determined based on the total value of services purchased during a specified period.
(a) The Client shall receive a 15% discount on the purchase price of the initial 6-month subscription (24 Bloomcoding lessons) if paid in full upfront.
(b) The Client shall receive a 25% discount on the purchase price of the initial 12-month subscription (48 Bloomcoding lessons) if paid in full upfront.
(c) The Client shall receive a 40% discount on the purchase price of the initial 24-month subscription (96 Bloomcoding lessons) if paid in full upfront.
(d) No volume discounts shall apply to installment payments for any subscription. However, the Client shall receive a one-time 5% discount on their initial purchase.
7.7. Referral Program: The Company offers a referral program whereby Clients may receive a standard discount for enrolling a second child or referring a new Client who successfully enrolls and pays for their subscription prior to the referral. Referral discounts and any other volume-based discounts offered by the Company are not cumulative.
(a) Clients who purchase the 6-month subscription (24 Bloomcoding lessons) with a single payment will receive a 30% discount.
(b) Clients who purchase the 12-month subscription (48 Bloomcoding lessons) with a single payment will receive a 40% discount.
(c) Clients who purchase the 24-month subscription (96 Bloomcoding lessons) with a single payment will receive a 55% discount.
(d) Clients who choose to pay for any subscription in installments will receive a 20% discount.
7.8. Reservation of Rights and Service Provision
(a) Bloomcoding reserves the right to change, at any time and without prior notice, the pricing, terms, and conditions of its services, including but not limited to offers and discounts..
(b) Services will be delivered via online video conferencing platforms, including but not limited to Zoom, Learncube, and Google Meet. The specific platform used may vary from time to time at Bloomcoding’s sole discretion.
(c) For quality assurance purposes, certain sessions may be audio or video recorded. Such recordings will be stored securely and confidentially for a period not exceeding 360 days.
(d) Recordings of lessons are confidential and will not be disclosed to any third party without the prior written consent of the student.
7.9. 14-Day Money-Back Guarantee:
(a) To ensure Client satisfaction, Bloomcoding offers a 14-day money-back guarantee.
(b) If the Client is not satisfied with the services provided and submits a written request for cancellation within 14 calendar days of the commencement of the first lesson, a full refund of all fees paid, excluding the non-refundable registration fee, will be issued.
(c) Cancellation requests must be submitted in writing to support [at] bloomcoding.org. Requests received after the 14-day period will be evaluated on an individual basis and may be subject to additional terms and conditions.
(d) Any cancellation request beyond this timeframe is not covered by our 14-day money-back guarantee and will be handled on a case-by-case basis.
7.10. Early Termination and Refund Policy
In the event of early termination of a subscriber beneficiaries’ enrollment, the following refund policy shall apply:
(a) The Company shall provide a partial refund.
(b) The partial refund shall not exceed 50% of the total value of the unused portion of the subscription.
(c) This policy is necessary to compensate the Company for the costs incurred in filling the vacancy created by the early termination, including but not limited to administrative, organizational, and marketing expenses.
(d) The partial refund is designed to mitigate the Company’s financial losses and ensure the continued delivery of high-quality services to all enrolled children.
(e) Any additional services purchased by the Client shall be non-refundable.
8. DETAILS REGARDING THE DISTANCE SERVICES CONTRACT
8.1. Order Confirmation: An email confirmation from the Service Provider following an order placement serves as a notification and not as acceptance of the order.
8.2. Contract Formation: A binding contract is formed only upon the Service Provider’s explicit acceptance, which will be communicated to the Client via email, SMS, or other designated electronic or physical means.
8.3. Entire Agreement: Please note that this Agreement forms an integral part of this document (together with all other referenced documents) and any subsequent agreements between the Service Provider and Client regarding the Order, whether executed in writing, electronically, or physically.
8.4. The Client acknowledges that the Service Provider is not obligated to respond to any communications sent through channels other than those expressly designated by the Service Provider. The Service Provider reserves the right, but shall have no obligation, to respond to communications sent via unofficial channels.
8.5. The Client agrees that all communications with the Service Provider shall be conducted in writing and directed to the designated Customer Service department. Customer Service hours of operation are Monday through Friday, 9:00 AM to 6:00 PM. Any inquiries or complaints shall be deemed not to have been received by the Service Provider unless submitted in writing during normal business hours.
8.6. This Agreement shall terminate immediately upon the occurrence of any of the following events: (a) completion of the group hours specified in the chosen subscription plan; (b) failure of the User to renew the subscription; or (c) termination of the User’s account by the Platform Administrator, with or without cause, including but not limited to, a breach of these Terms and Conditions, any supplemental policies, or applicable laws and regulations.
8.7. For information regarding our refund policy, please refer to Schedule 7.
9. PROVIDERS RIGHTS
The Service Provider reserves the right to:
9.1. Modify Course Material: Modify the course materials during lessons to better suit the specific needs of students in group or individual sessions.
9.2. Adjust Schedule: Modify the lesson schedule before, during, or after public holidays and national holidays. The Provider may suspend lessons during national and public holidays at the student’s or Provider’s location, providing advance notice to the Client via the contact information provided during registration.
9.3. Reschedule or Cancel Classes: Reschedule or cancel classes, providing advance notice to the Client via the contact information provided during registration.
9.4. Terminate Contract: Unilaterally terminate this Agreement without recourse to legal proceedings in the event of the Client’s breach of the terms and conditions related to the restrictions of use and the Client’s rights and obligations.
9.5. Require Payment: Withhold services until payment is received, except as otherwise agreed in writing.
9.6. Adjust the Curriculum: Adjust the curriculum to meet the specific needs of the student, including slowing the pace of instruction to reinforce learning, in order to ensure effective and personalized learning.
10. SERVICE PROVIDER OBLIGATIONS
10.1. The Service Provider warrants that the services provided shall be performed in a professional and workmanlike manner and shall meet or exceed the quality standards. The Service Provider shall use reasonable skill and care in the performance of its obligations.
10.2. The Service Provider shall be obligated to provide the Client with the services specified in the confirmed subscription, upon approval of such subscription by the Platform Administrator. The scope of services, terms, and conditions shall be as outlined in the subscription agreement.
10.3. The Service Provider will offer between 1 and 8 free catch up lessons depending on the purchased subscription and payment method. Any additional catch-up lessons outside of this allowance will be charged at the standard rate for the selected subscription.
(a) Subscription 7.3(a) – 140 RON / 550 MDL / 29 EUR per lesson;
(b) Subscription 7.3(b) – 120 RON / 480 MDL / 26 EUR per lesson;
(c) Subscription 7.3(c) – 100 RON / 390 MDL / 24 EUR per lesson;
(d) Value-added services – 165 RON / 650 MDL / 35 EUR per lesson.
(e) The Service Provider shall provide free standard delivery of educational materials to all addresses within Romania, Moldova, and the European Union. For deliveries to remote or isolated areas, as determined by the Service Provider, the recipient shall be responsible for any additional shipping charges in excess of 20 EUR.
(f) The Client shall indemnify and hold harmless the Service Provider from and against any and all losses, damages, costs, and expenses arising out of or in connection with the Client’s failure to provide accurate and complete contact information, including but not limited to costs associated with failed delivery attempts, return shipping, and replacement of the educational kit.
10.4. The Client agrees to indemnify and hold harmless the Service Provider from and against any and all losses, damages, costs, and expenses arising out of or in connection with the Client’s failure to provide accurate and complete shipping information. If a delivery attempt fails due to errors or omissions by the Client (for instance, failure to answer phone calls from the courier or providing incorrect address information), the Client shall be responsible for all costs associated with the return of the product and the shipment of a replacement, including but not limited to shipping fees, handling charges, and the cost of the replacement product.
11. CLIENT RIGHTS
11.1. The Client has the right to enroll their child (subscription beneficiary) in lessons based on the schedule established by the service provider, subject to availability.
11.2. The Client is entitled to a maximum number of complimentary catch-up lessons as detailed in Schedule 7.3 and 7.5 based on the selected subscription and payment method. In the event that a student misses a paid lesson for a valid reason, the student is entitled to a catch-up lesson, subject to the maximum number of complimentary catch-up lessons as per the selected subscription. The Service Provider shall determine the date and duration of such catch-up lessons, not exceeding fifty (50) minutes. The complementary catch-up lessons are delivered according to the following configuration:
(a) Subscription 7.3 (a) – one-time payment – 2 complimentary catch-up lessons;
(b) Subscription 7.3 (a) – installment payments – 1 complimentary catch-up lesson;
(c) Subscription 7.3 (b) – one-time payment – 4 complimentary catch-up lessons;
(d) Subscription 7.3 (b) – installment payments – 3 complimentary catch-up lessons;
(e) Subscription 7.3 (c) – one-time payment – 8 complimentary catch-up lessons;
(f) Subscription 7.3 (c) – installment payments – 6 complimentary catch-up lessons;
11.3. The Client may request a transfer of the student to another instructor’s group.
11.4. The Client has the right to request a break or vacation between courses.
11.5. The Client has the right to choose the course schedule for the student.
11.6. The Client has the right to reschedule the delivery of any Value-Added Service, subject to the Terms of Service (see Schedule 7.4).
12. CLIENT OBLIGATIONS
12.1. The Client agrees to provide the Service Provider with accurate and current contact information, including a valid phone number and email address. Such information shall be used solely for the purpose of communicating with the Client regarding the services provided and shall be treated in accordance with the Service Provider’s privacy policy.
12.2. The Client covenants and agrees to ensure that all individuals listed as beneficiaries on the subscription attend all scheduled classes in accordance with the agreed-upon schedule.
12.3. The Client represents and warrants that they have access to and will maintain throughout the course period a suitable device and a stable internet connection capable of supporting the online learning platform. Such equipment shall include, but not be limited to, a computer or laptop, mouse, keyboard, microphone, and webcam. The Client further represents and warrants that their internet connection shall have a minimum download speed of 20Mbps and an upload speed of 4Mbps.
12.4. Unless a written complaint regarding the quality of a lesson or the instructor’s punctuality is received by the Service Provider via email within one (1) hour of the lesson’s completion, the lesson shall be deemed to have been satisfactorily provided.
12.5. The Client shall be responsible for providing the Service Provider with at least two hours’ advance notice of any cancellation or rescheduling of a scheduled value-added service. In the event that the Client fails to provide such notice, the Service Provider may proceed with the delivery of the service and the Client shall be liable for the full cost of the service.
12.6. The Client shall pay the Service Provider all fees due under this Agreement in strict accordance with the payment schedule. Failure to make any payment when due shall constitute a material breach of this Agreement, and the Service Provider may, in addition to any other remedies available at law or in equity, suspend or terminate the services provided to the Client.
12.7. The Client covenants to ensure that the beneficiary shall at all times conduct themselves in a manner that is respectful of others and in compliance with all applicable laws, rules, and regulations. Specifically, the beneficiary shall refrain from using offensive language, shall comply with all classroom rules and policies, and shall treat all individuals, including the Service Provider’s employees and authorized representatives, with courtesy and respect.
12.8. The Client shall ensure that the Beneficiary does not engage in any conduct that disrupts or interferes with the lessons or training of any other student.
12.9. The Client acknowledges and agrees that it shall be solely responsible for ensuring that the beneficiary of the subscription has access to the necessary technology and possesses the requisite digital skills to participate in the online lessons. The Client shall provide any technical support required by the beneficiary, particularly during the initial lessons.
12.10. The Client covenants to cooperate fully with Service Providers’ staff and to provide such information as may be reasonably requested to enable Bloomcoding to deliver the Services in a manner that maximizes the student’s learning experience.
12.11. The Client covenants not to infringe upon the Provider’s copyright in the course content. The Client agrees that any unauthorized use, copying, reproduction, distribution, or publication of the course content shall constitute copyright infringement and may subject the Client to injunctive relief, damages, and any other remedies available at law or in equity. The Client further agrees to indemnify and hold harmless the Provider from and against any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Client’s unauthorized use of the course content.
13. DECLARATION OF FORCE MAJEURE
13.1. Neither party shall be liable for any failure or delay in performance to the extent that such failure or delay is caused by any event beyond the reasonable control of such party, including but not limited to acts of God, acts of war, terrorism, civil commotion, strikes, insolvency or other labor disputes, acts of any governmental body, interruptions in the supply of electrical or other essential services, and any other event that is generally accepted as a force majeure event in accordance with applicable law. In the event of a force majeure event, the Service Provider may, without liability, suspend or terminate the provision of services, and its obligation to refund any pre-paid sums may be suspended or canceled.
13.2. If a force majeure event occurs, the affected party shall provide the other party with prompt written notice specifying the nature of the force majeure event and the extent to which the performance of this Agreement has been or will be adversely affected.
13.3. In the event of a force majeure event, the affected party shall use commercially reasonable efforts to mitigate the effects thereof and to resume performance of its obligations as soon as reasonably practicable. The parties shall promptly consult and cooperate in good faith to explore and implement alternative solutions to minimize the adverse consequences of the force majeure event.
13.4. In the event of a Force Majeure Event that continues for an extended period and renders the performance of this Agreement impossible or commercially impracticable, either party shall have the right to terminate this Agreement upon 3 days’ prior written notice to the other party. Notwithstanding anything to the contrary contained herein, neither party shall be liable for any damages, losses, or liabilities arising out of or in connection with such termination or the delay in performance caused by such event.
13.5. The occurrence of a force majeure event shall not relieve either party of its obligation to pay any amounts due and owing under this agreement prior to the occurrence of such event. All amounts due and owing shall remain fully payable notwithstanding the occurrence of a force majeure event.
13.6. This Force Majeure clause shall survive and apply to any amendment, modification, or supplement to this Agreement, and no such amendment, modification, or supplement shall be deemed to waive or modify this Force Majeure clause unless such waiver or modification is expressly set forth in a writing signed by both parties.
13.7. This Force Majeure clause is an integral part of these Terms and Conditions and reflects the mutual understanding and intent of the parties regarding unforeseen events that may prevent, hinder, or delay the performance of their respective obligations under this Agreement.
14. DATA PROCESSING
14.1. By completing the form to obtain a free demo lesson, purchasing the Company’s services, subscribing to the newsletter, or contacting the provider through social media or any other means (e.g., email), you consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy. This includes using your data to respond to your inquiries, provide you with our services, and send you marketing communications. You have the right to access, correct, or delete your personal data. For more information about our privacy practices, please review our Privacy Policy.
14.2. The Service Provider reserves the right to send personalized marketing offers to the Client, including those who have not opted into our newsletter. This practice is conducted in accordance with our legitimate interest in promoting our services and is permissible under Article 6(1)(f) of the GDPR. Clients may opt out of receiving these communications at any time by following the instructions provided in each email.
14.3. User Representations and Warranties.
The Client represents and warrants that:
(a) all information provided by the Client to is true, accurate, current, and complete;
(b) the Client shall not use any false or misleading identification or information to mask the Client’s identity or to impersonate any other person or entity; and
(c) The Client shall be solely responsible for the content of any communications submitted to the Service Provider. The Service Provider shall not be responsible for the content of any communications submitted by the Client or any third party.
14.4. The Provider has implemented appropriate technical and organizational measures, including but not limited to data encryption, strong access controls, data loss prevention, data privacy impact assessments and mitigation operations, to ensure the security and confidentiality of personal data. All authorized personnel, including employees, contractors, and agents, have signed confidentiality agreements committing to maintain data confidentiality in strict compliance with the GDPR. In the event of a personal data breach, the Provider will promptly notify the relevant data protection authorities and affected individuals as required by the GDPR
15. INFORMATION SECURITY
15.1. The service provided has implemented a comprehensive information security program, which includes measures such as encryption, strong access controls, regular security audits, and employee training. These measures are designed to protect the personal data of our Clients and Users in accordance with the GDPR. We have also implemented a data breach notification procedure to ensure that any breaches are promptly reported to the relevant authorities and affected individuals.
15.2. By using the platform to request a demo, purchase services, or communicate, and by providing personal information for payment, the Client explicitly consents to the collection, processing, and use of their personal data by the Provider for the purposes outlined in the Privacy Policy. The Client warrants that the information provided is accurate, complete, and up-to-date. The Provider will retain the Client’s personal data for as long as necessary to fulfill the purposes outlined in this agreement, and in accordance with applicable data protection laws. The Client is aware of their rights under applicable data protection laws, including the right to access, rectify, erase, and restrict the processing of their personal data.”
15.3. Upon data submission, Client data will be secured both digitally and physically, employing industry-standard security measures such as encryption, access controls, and regular security audits. The Service Provider will process all data in strict compliance with the GDPR and other applicable data protection laws.
15.4. Toate detaliile referitoare la utilizatori sunt tratate în mod strict confidențial.
15.5. All personal data collected from users, including but not limited to names, email addresses, and usage data, is handled with the utmost confidentiality in strict compliance with the General Data Protection Regulation (GDPR). We have implemented robust security measures to protect user data from unauthorized access, disclosure, alteration, or destruction. User data is retained only for as long as necessary to fulfill the purposes for which it was collected and will not be shared with third parties without the explicit consent of the user, except as required by law.
15.6. Access to user identification data, including but not limited to names, email addresses, and IP addresses, is restricted to authorized personnel who have been granted access based on a documented business need and who have signed a confidentiality agreement. Access is limited to the minimum necessary data to perform assigned duties, such as providing technical support and troubleshooting issues, and is conducted in accordance with the principles of data protection as outlined in the GDPR.
16. USE OF COOKIES
Bloomcoding.org uses cookies. Cookies are data stored on the Client’s hard drive, containing information about the Client. The use of cookies is beneficial for visitors. For a complete list of cookies used by our platform, highlighting their purpose, provider, and lifespan, we encourage the Client to consult our Cookie Policy.
17. LINKS TO THIRD-PARTY SITES AND ADVERTISING
17.1. The Provider’s website may contain links to third-party websites. These links are provided solely for the convenience of users and do not constitute an endorsement by the Provider of the content, products, or services available on such sites. The Provider has no control over the content or privacy practices of these third-party sites and is not responsible for any damages or losses arising from your use of them.
17.2. The Provider makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of any information or content provided by third-party sites. The Provider is not responsible for the availability of, or any content on, third-party sites. The Provider shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the Client’s use of or inability to use any third-party site. The Client acknowledges that the use of these third-party sites is at their own risk. The Client is strongly advised to carefully review the policies and practices of these third-party sites and ensure that they understand them clearly before engaging in any action or transaction. Any complaints, claims, requests, concerns, or questions regarding products and services offered by third-party sites should be directed to those respective sites. The Provider and the Client are independent contractors, and neither party is the agent or representative of the other. The Client agrees to indemnify and hold harmless the Provider from any and all claims, damages, liabilities, costs, and expenses arising out of or in connection with the Client’s use of any third-party site.
17.3. The Client acknowledges that the Provider’s website may display advertising banners, which may include pop-ups, interstitial ads, and banner ads. The content of these advertisements may relate to products, services, or other third-party offerings. The Client consents to the display of such advertisements. The Provider reserves the right to modify the terms, conditions, and nature of these ads without prior notice. The Client acknowledges that the display of advertisements may involve the collection and use of certain user data, as described in the Provider’s privacy policy. The Provider shall not be liable for any damages or losses arising from the display of advertisements.
18. ERRORS, INACCURACIES, AND OTHER OMISSIONS
The information provided on the platform is for general informational purposes only and is subject to change without notice. While we (the service provider) strive to ensure accuracy, we cannot guarantee that the information is error-free. We disclaim all warranties, express or implied, regarding the accuracy, completeness, or reliability of the content. You should not rely on this information as a substitute for professional advice. We reserve the right to correct any errors or omissions and to change or update the information at any time without prior notice.
19. PROHIBITED USE OF THE SERVICE
In addition to the prohibitions set forth in the Terms and Conditions, the Client shall not use the Platform or its Content for any unlawful purpose, including but not limited to:
19.1. Engaging in any illegal activity, such as fraud, hacking, or distribution of prohibited materials;
19.2. Infringing upon any intellectual property rights, including copyrights, trademarks, or trade secrets;
19.3. Harassing, threatening, stalking, or defaming any person;
19.4. Posting or transmitting any content that is obscene, hateful, or discriminatory;
19.5. Violating any applicable local, state, national, or international law or regulation;
19.6. Collecting or using personal information of others without their consent;
19.7. Attempting to gain unauthorized access to the Platform or its systems;
19.8. Soliciting others to initiate or participate in illegal activities; Violating international, federal, or local laws, regulations, general laws, or other local ordinances;
19.9. Violating or infringing upon the intellectual property rights of the service provider or others;
19.10. Harassment, abuse, insult, injury, defamation, slander, denigration, intimidation, or discrimination based on sex, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
19.11. Publishing false information or information that intentionally misleads; Posting or transmitting computer viruses or any other malicious code that could affect the functionality or operations of the platform, bloomcoding.org or any of its partner sites and/or sites under the bloomcoding.org umbrella;
19.12. Colectarea sau monitorizarea informațiilor personale ale altor persoane;
19.13. Collecting or monitoring the personal information of other people;
19.14. Engaging in fraudulent activities or cybercrime through various internationally prohibited methods;
19.15. Using the services for obscene or immoral purposes;
19.16. Attempting to compromise the security systems of the platform, bloomcoding.org or its partner sites or sites under the bloomcoding.org umbrella.
19.17. The Provider reserves the right to immediately terminate the Client’s access to the Services, Platform or to partner sites or sites under the bloomcoding.org umbrella in the event of a violation of the prohibitions mentioned above, as stipulated in the Terms and Conditions
20. DISCLAIMER OF LIABILITY
20.1. The information provided on Bloomcoding.org (and the providers platform) is for general informational purposes only and is not intended as professional advice.
20.2. While we (the service provider) endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
20.3. Any reliance you place on such information is strictly at your own risk. The Service Provider assumes no responsibility for errors or omissions in the content on the website. If you believe that any material on this site infringes upon your copyright, please send a notice to legal [at] bloomcoding.org.
20.4. Your notice must include the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) identification of the copyrighted work claimed to have been infringed;
(c) a description of the material that you claim is infringing and the exact URL on our site where such material can be found;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
20.4. The Service Provider reserves the right to correct any errors or inaccuracies in pricing, product descriptions, or other content on the Site. While the service providers strive to ensure the accuracy of the information on this site, errors may occur. The company disclaims all liability for any errors or omissions.
20.5. The Service Provider disclaims all liability for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages, arising from the use or inability to use the platform. The service provider makes no warranties, express or implied, regarding the accuracy, completeness, or reliability of the information contained on the platform. The user agrees to use the platform at their own risk and assumes all responsibility for any damages or losses that may result. The service provider is not responsible for the content of any third-party websites linked to this site.
20.6. Notwithstanding the foregoing, the Service Provider shall use reasonable efforts to ensure that the information provided is accurate, up-to-date, and relevant. The information is provided “as is” and the Service Provider makes no warranties or representations regarding its accuracy, completeness, or timeliness. Users should verify any information obtained from this service before relying upon it.
20.7. The Service Provider makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or currency of any content provided through the Service. The Service is provided on an “as is” and “as available” basis.
20.8. The Service Provider shall not be liable for any damages whatsoever, whether direct, indirect, general, special, incidental, consequential, or exemplary, arising out of or in any way connected with the provision of or use of the Service.
20.9. By accessing or using the Service, you agree to be bound by these Terms of Service, as may be amended from time to time. Your continued use of the Service following any changes constitutes your acceptance of such changes.
20.10. The Service Provider reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
21. CESSATION OR DISCONTINUATION OF SERVICE
21.1. Responsabilitățile și obligațiile părților contractante în conformitate cu prezenții Termeni și condiții rămân aplicabile până în momentul în care acordul este încheiat de către oricare dintre părți. Clientul poate înceta în orice moment respectarea acestor Termeni și Condiții prin notificarea directă a Bloomcoding.org cu privire la intenția sa de a nu mai continua cu aceste prevederi sau prin încetarea accesului la Site.
21.2. The parties’ obligations under this Agreement shall continue until terminated by either party providing three (3) days’ written notice to the other party or upon a material breach of this Agreement.
21.3. A material breach shall be deemed to occur if a party fails to substantially perform its obligations under this Agreement.
21.4. Upon termination, all outstanding fees and charges shall be immediately due and payable. The Client shall return or destroy all Confidential Information belonging to The Service Provider.
21.5. The provisions regarding confidentiality, indemnification, and dispute resolution shall survive termination. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Estonia.”
21.6. Neither party shall be liable for any delay or failure to perform any of its obligations hereunder if such delay or failure results from any cause beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, civil unrest, government actions, strikes, labor disputes, and power outages (each, a “Force Majeure Event”). If a Force Majeure Event occurs, the affected party shall promptly notify the other party in writing and shall use reasonable efforts to mitigate the effects of such event. If a Force Majeure Event continues for a period of 7 days, either party may terminate this Agreement upon fourteen (14) days’ written notice to the other party.
22. DISPUTE RESOLUTION
22.1. Any attempt by the Client to gain unauthorized access to the Site or engage in fraudulent activities will be immediately reported to the competent authorities. In the event of a dispute between the Client and the Provider, the parties shall attempt to resolve it amicably.
22.2. The Client is encouraged to submit any complaints or concerns regarding the Provider’s services to complaints [at] bloomcoding.org, with the aim of facilitating a prompt resolution.
22.3. If, despite good faith efforts, the dispute cannot be resolved amicably, the applicable legal provisions of the Estonian courts shall have jurisdiction to settle any dispute.
23. GOVERNING LAW AND JURISDICTION
23.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Estonia.
23.2. Any dispute arising out of or in connection with the use of the platform shall be subject to the exclusive jurisdiction of the courts of Estonia.
23.3. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall continue to be valid and enforceable
24. CONTACT INFORMATION
If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Bloombrain OÜ
Address: Ahtri tn 12, Tallinn, 10151, Estonia
Email: legal [at] bloomcoding.org
Thank you for using Bloomcoding.org!