Terms and Conditions of Sale of AFTHONIOS CM services

General provisions

AFTHONIOS CM Ltd is incorporated under the Companies Act, Cap. 113 of the Republic of Cyprus, as a limited liability company (Ltd) with registration number HE 441375, with registered office at Neou Choriou 3, 8820 Latchi – Polis, Cyprus. It offers access to multimedia and audiovisual training content available on the website https://afthonios.com to professional or non-professional customers who wish to personally benefit from access to the training courses.

Purpose

The purpose of these Terms and Conditions is to define the terms and conditions under which AFTHONIOS CM provides the Services to the Customer within the framework of the Contract entered into between AFTHONIOS CM and the Customer. In the event of any contradiction between these Terms and Conditions and any other document or information appearing on the Website, these Terms and Conditions shall prevail.

These Terms and Conditions do not apply to companies wishing to offer the Training Courses to their own customers, employees or agents. Such companies should request a quotation from AFTHONIOS CM via aysseline.delardemelle@afthonios.com and a specific contract will be concluded between AFTHONIOS CM and the company concerned.

Definitions

• Access: refers to the right of access to the entire Catalogue opened for the Customer by AFTHONIOS CM, as described in the article “Presentation of the services”.
• Catalogue: refers to the AFTHONIOS CM catalogue available on the Website, listing all available Training Courses.
• Order: refers to any request for Access by a Customer accepted by AFTHONIOS CM.
• Customer: refers to professional or non-professional customers who wish to personally benefit from the Training Courses on the Website.
• Personal Account: refers to the personal account created by the Customer on the Website.
• Terms and Conditions: refers to these terms and conditions of sale.
• Contract: refers to the contract concluded by application of the Terms and Conditions between AFTHONIOS CM and the Customer.
• Effective Date: refers to the date on which the Contract comes into force, as defined in the article “Order”.
• Training Course: refers to the audiovisual training content available online on the Website.
• Credentials: refers to all information specific to each Customer, consisting of an e-mail address and a secure password chosen by the Customer in order to access their Personal Account.
• Party: refers to AFTHONIOS CM or the Customer.
• Services: refers to the provision of access to the Training Courses and Training Materials via the Access.
• Website: refers to the AFTHONIOS CM website accessible at https://afthonios.com.
• Training Materials: refers to any additional element required for a Training Course, including, but not limited to, exercises, quizzes, work files, documents, texts, photos, images, illustrations and infographics.

Presentation of the services

AFTHONIOS CM provides two types of Services:

• the provision of access to off-the-shelf training courses to organisations — a specific contract is signed with the organisations concerned and these Terms and Conditions do not apply to that situation;
• the provision of a right of access to the entire Catalogue (the “Access”), opened by AFTHONIOS CM following a request from the Customer. The Website offers no online subscription and no online payment.

Some content may be updated for the purpose of improving its form and/or substance. AFTHONIOS CM reserves the right to remove from the Catalogue training courses that are no longer up to date.

The Training Courses are exclusively intended to be viewed on the Website and cannot be downloaded to the Customer’s computer. AFTHONIOS CM also provides the Customer with any Training Materials mentioned in a Training Course and necessary to follow it, as downloads.

The Training Courses and Training Materials are accessible on a computer, tablet or smartphone with an internet connection and a recent browser.

The Access grants the Customer the right to view all the Training Courses in the Catalogue from the Effective Date until the agreed end date.

Order

Customers wishing to obtain Access must create a Personal Account by providing the following information: (i) first and last name, (ii) an e-mail address, (iii) a password.

The Customer undertakes to provide accurate information. The Personal Account can be accessed on the Website using the e-mail address and password provided, which constitute the Credentials. Access is then opened by AFTHONIOS CM at the Customer’s request.

The Customer declares that they have read the description of the training courses before requesting Access. They acknowledge in particular that some content may be redundant from one programme (cycle, pathway, training course) to another.

The Customer declares that they have read and accepted the Terms and Conditions before placing their Order on the Website. Consequently, the Customer acknowledges that their agreement to the content of these Terms and Conditions does not require a handwritten signature of this document.

AFTHONIOS CM reserves the right to modify these Terms and Conditions at any time, the latest version being available on the Website. Nevertheless, the Order shall be governed by the Terms and Conditions in force on the date the Order is placed.

AFTHONIOS CM will send the Customer confirmation of the Order by e-mail. The Contract comes into force on the date of confirmation of the Order (the “Effective Date”).

AFTHONIOS CM reserves the right to refuse an Order from a Customer who has not paid a previous Order in full or with whom a payment dispute is being administered.

Prices and payment terms

The prices of our Services are indicated in euros and include VAT. They are communicated to the Customer before Access is opened and apply for the whole agreed period; AFTHONIOS CM reserves the right to modify its prices for the future.

The Website currently offers no online payment: payment terms are agreed with the Customer when the request is made, and AFTHONIOS CM issues the invoice. No payment card data is collected or stored by AFTHONIOS CM.

Payments made by the Customer will not be considered final until the sums due have actually been received.

AFTHONIOS CM cannot be held responsible for any misappropriation or fraudulent use of any means of payment.

In the event of non-payment by the Customer, AFTHONIOS CM shall have the right to suspend the supply of the Services by written notification to the Customer, without prejudice to the right of termination under the conditions of the article “Termination”.

Right of withdrawal

Regarding cancellation and refunds, we follow the European Union Consumer Rights Directive.

EU consumers generally have the right to withdraw from a contract concluded at a distance within 14 days without giving any reason and without incurring any costs.

However, by accessing a Training Course during this period, the Customer expressly requests the immediate performance of the Service and acknowledges losing their right of withdrawal as soon as they have started any of the courses included in the Access (opening a course page).

The Customer retains in any event the option of ending their Access under the conditions of the article “Duration and end of the Access”.

Duration and end of the Access

The Access is opened for the period agreed when the request is made. It is not renewed automatically: at its term it simply ends.

The Customer may ask AFTHONIOS CM to close their Access at any time by writing to us. Amounts already paid for the current period are not refunded, access to the Training Courses being maintained until the end of that period.

Personal Account management

The Customer accepts the use of electronic mail for the transmission of the information they request concerning the conclusion or performance of the Contract.

The Customer also undertakes to ensure that all information provided remains correct, sincere and up to date, with a view to the proper performance of the Contract. Furthermore, the Customer acknowledges that they may only hold one Personal Account.

Their Credentials are personal and confidential. The storage and use of the Credentials are the sole responsibility of the Customer. The Customer undertakes not to disclose them to anyone, in any form whatsoever.

All actions carried out on the Website with their Credentials will be deemed to have been carried out by the Customer who created those Credentials. It is the Customer’s responsibility to manage the security of their Personal Account and to comply with the Terms and Conditions.

The Customer undertakes to inform AFTHONIOS CM without delay in the event of loss, theft, misappropriation or any unauthorised use of their Credentials as soon as they become aware of it, in order to request the blocking of their Personal Account. Any request to block a Personal Account is irrevocable. Upon receipt, AFTHONIOS CM will block all access to the Services for the Personal Account concerned and will send the Customer written confirmation of the blocking by e-mail.

In the event of loss, theft or fraudulent use of any of their Credentials, the Customer will be solely responsible for any damaging consequences, to the exclusion of any liability on the part of AFTHONIOS CM.

AFTHONIOS CM reserves the right to suspend, restrict access to or close a Personal Account if AFTHONIOS CM is informed of any abnormal use of a Personal Account or if AFTHONIOS CM has legitimate reason to believe that the Personal Account has been compromised.

Website maintenance

AFTHONIOS CM reserves the right to temporarily suspend or limit the provision of the Services in order to carry out maintenance or upgrade operations on the Website or the underlying infrastructure enabling the proper use of the Website, necessary for the continuity of the Services or linked to technological developments.

Except in cases of emergency, temporary interruptions will, wherever possible, be notified to the Customer before they occur.

The duration of the Contract will be extended for a period equal to the duration of the temporary interruption if it exceeds 5 days, without the Customer being able to claim any damages.

Warranty exclusions

AFTHONIOS CM undertakes to use its best endeavours to provide the Services. However, it shall not be held liable in the event of non-performance of the Contract entered into with the Customer due to the Customer’s own fault or in the event of force majeure as defined by law, such as, but not limited to, the interruption of a Training Course resulting from the failure of the internet access provider.

The Website is accessible via the internet. The Customer acknowledges that AFTHONIOS CM does not operate or control the internet and that (i) viruses, worms, Trojan horses or other unwanted data or software, or (ii) unauthorised users (e.g. hackers) may attempt to access and damage the Customer’s data, computers or networks. AFTHONIOS CM cannot be held responsible for such activities.

Intellectual property

The entire content of the Website, whether visual or audio (Training Courses, quizzes, texts, images, interactive and downloadable exercises, trademarks, graphics, etc.), including the underlying technology, is protected by copyright, trademark or patent law. Unless otherwise indicated, it is the exclusive property of AFTHONIOS CM.

AFTHONIOS CM is a registered and protected trademark and may not be used by anyone other than AFTHONIOS CM.

Any part or image of the Website may only be downloaded or printed for personal, non-commercial use.

In particular, the Customer shall refrain from reproducing, copying, selling, reselling or exploiting for any commercial purpose whatsoever all or part of any Training Course or Training Materials. In addition, a Customer who has a personal website and wishes to place on it, for personal use, a simple link referring directly to the home page of the AFTHONIOS CM website must request prior written authorisation from AFTHONIOS CM.

This shall not constitute an implicit affiliation agreement. However, any hypertext link to the AFTHONIOS CM website using framing or in-line linking techniques is strictly prohibited. In any case, any link, even one tacitly authorised, must be removed immediately upon simple request from AFTHONIOS CM.

Intuitu personae

The right of access to the Training Courses granted to the Customer under the Contract is strictly personal to the Customer. Consequently, the Customer undertakes not to assign or transfer the Contract, nor to give access to or allow the use of their Personal Account by a third party, without the prior written authorisation of AFTHONIOS CM.

In the event of a breach of this clause, AFTHONIOS CM shall be entitled to immediately terminate any Contract concluded with the Customer by written notice to the Customer, without prejudice to any damages.

Termination

Termination for fault of the Customer

In the event of any breach by the Customer, AFTHONIOS CM has the right to suspend access to the Training Courses or, after prior formal notice has remained unsuccessful for a period of seven (7) days, to terminate the Contract by written notification to the Customer.

Consequences of termination

Upon termination of the Contract for any reason whatsoever, AFTHONIOS CM will close the Personal Account.

The Customer nevertheless acknowledges that certain information may be retained in accordance with applicable legal provisions.

Personal data protection

Personal data is processed in accordance with the General Data Protection Regulation (GDPR) of the European Union and the national legislation of the Republic of Cyprus on the protection of natural persons with regard to the processing of personal data and on the free movement of such data of 2018 (Law 125(I)/2018), and under the conditions set out in AFTHONIOS CM’s Cookie Policy (EU) available on the Website, which the Customer declares to have read and accepted.

Miscellaneous provisions

Entire agreement

The terms of the Terms and Conditions constitute the entirety of the obligations binding the Customer and AFTHONIOS CM and supersede any previous agreement, which they purely and simply cancel.

Partial invalidity

Should any provision of these Terms and Conditions be invalid, illegal or unenforceable in any way, the validity, legality or enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired thereby, and the remaining provisions shall remain in full force and effect.

AFTHONIOS CM reserves the right to draft a new clause having the effect of re-establishing the common will of the Parties as expressed in the initial clause, in compliance with the law in force applicable to these Terms and Conditions.

Notification

Any notice under the Contract must be given in writing to AFTHONIOS CM at the following address: AFTHONIOS CM, Neou Choriou 3, 8820 Latchi – Polis, Cyprus — e-mail: aysseline.delardemelle@afthonios.com.

Non-waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of its obligations hereunder shall not be construed as a waiver of the obligation in question for the future.

Applicable law and disputes

The Contract is governed by the law of the Republic of Cyprus and the law of the European Union.

In the event of a dispute concerning the conclusion, interpretation or performance of the Contract, the Customer may have recourse to the following consumer mediator in order to reach an amicable settlement of the dispute: Cyprus Center for Alternative Dispute Resolution, Kyriakou Matsi 16, Eagle House, 8th Floor, Agioi Omologites 1082, Nicosia, Cyprus.

Failing an amicable settlement of the dispute, the courts of Paphos (Cyprus) shall have sole jurisdiction.