General Terms and Conditions of Use and Service


Definitions of terms

The terms "Uptrain.ro", "Uptrain.eu", "Sites", "Site", "Uptrain Works SRL", "us", "the company" “platform” represents the company Uptrain Works SRL and its services offered through Uptrain sites network. Uptrain Works SRL has its headquarters in Târgu Mureș, TÂRGULUI St., no. 1/B, 1st floor, Mureș county and is registered at the Register of Commerce no. J26/165/2011, fiscal code RO26415079. 

 

By "User" we understand all individuals or legal entities who access Uptrain sites, for any reasons. 

 

The terms "Rules", "Agreement", "Contract", "Terms and conditions" are used to designate this contract.

 

“Coaching/Training Information/Sessions” refers to all material content, videos, training sessions, information, advice, correspondence made available, provided or transmitted on our platform by Uptrain or by a third party with an intention of making it available to a User or Users generally.

 

“Coaches/Trainers”: a third party, individual or legal entity who has been contracted by Uptrain to provide Coaching Sessions to the Platform.

 

“Client companies”: companies registered on Uptrain in view of purchasing training/coaching sessions for their staff

Uptrain Works SRL operates an online platform called Uptrain allowing Users to access professional and personal development information and to connect with Coaches/Trainers.

The objective of this binding agreement is to regulate the dealings between Uptrain as the Platform provider and the users regarding the provision of the service which is access to the Platform made available by Uptrain Works SRL

User Acceptance Agreement

This agreement applies to all Uptrain sites, services and their content. By creating an account on any Uptrain sites, the system will generate a profile accessible on all sites, but it will be possible to deactivate it, by using the corresponding options on each site.

Uptrain provides its service to you, subject to the following Terms and conditions, which may be updated by us from time to time without prior notice to you. In addition, when using particular Uptrain owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms and conditions. If you do not accept the terms and conditions, please do not use the Uptrain sites. By using the platform you agree to its “Terms and Conditions”. Uptrain, hereinafter referred to as “Company”, can revise this document in any moment, by updating this page. We recommend you visit this page periodically and read the “Terms and Conditions”, to which you are legally bind. Using Uptrain services represents your consent to all modifications made in the present agreement.

Services description
Uptrain provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Uptrain sites to provide the Service. 
You also understand and agree that the Service may include certain communications from Uptrain, such as service announcements, administrative messages and newsletters, and that these communications are considered part of Uptrain membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "as it is" and that Uptrain Works SRL assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
 

The access to some of Uptrain services may be fee-based. The subscription payment will be based on a proforma / invoice, in the Romanian currency Lei, the Euro conversion being performed on the invoice emitting date. The access to some services is conditional and will be allowed after the payment is confirmed and the transfer into Uptrain account is made. If you do not wish to use the service anymore, you understand and agree that the payments already made will not be refunded.

Payments

Users agree to pay for their access to the Uptrain services according to the price indicated on the Platform’s website. Uptrain may update the prices of the platform, or the pricing structure of the platform, as it sees fit, without any prior notice, the applicable prices being those existent at the time of the service provision.



Registration obligations
In consideration of your use of Uptrain services, you agree to:
1) provide true, accurate, current and complete information about yourself as prompted by the service's registration form and 
2) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Uptrain has the right to suspend or terminate your account and refuse any and all current or future use of the its Services.
 

Important!
Our support team will immediately terminate access to Uptrain services, for all accounts held by the culpable party for actions which severely violate the terms and conditions of use such as:
1. the introduction of pornographic / erotic information, or fraudulent usage, or fake profiles
2. spam and inappropriate language
Thank you for understanding!
 

Advertisement material related to video chat operators, erotic massages or similar services are not accepted on the Uptrain website. 


User's responsibilities
As user, you are responsible of your own actions and of the consequences these might have, by posting the videos, materials you upload or make available in the account at your disposal. 

You agree to not use the service to:
a) upload, post, email, transmit or otherwise make available any content that infringes any copyright or other proprietary rights;
b) upload, post, email, transmit any content that is obscene, defamatory, harmful, threatening for another user, individual or legal entity or a third party; 
c) to post, distribute or transmit material (images, text): 
- pornographic, erotic or sexually explicit material of any kind in any form 
- that promotes acts of pedophilia, incest or bestiality 
- that promotes hate for certain groups of people, for reasons of: race, ethnic origin, religion, disability, gender, age, veteran status, sexual orientation or identity. 
d) upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code designed to interrupt or limit the functionality of any computer software
e) upload, post, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f) to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
It is forbidden to create personal profiles in order to promote: video-chat, escort services, erotic massage, or other services of this type. To promote a company or services it is mandatory to use the business profile, in compliance with all terms and conditions specified in this document.
g) to have multiple addresses that look alike or are created on the same theme;
h) to provide material support or resources about illegal activities or to promote physical or verbal harm against any group or individual, to promote cruelty to animals. This may include (but not limited) to provide information about the way of making, buying or assembling of bombs, grenades or other types of weapons and "crush" sites creation;
i) post, transmit in any other way personal information (name, address, phone numbers) or their registration in the sections which may be seen by other users (descriptions, nicknames etc.); 
j) use the materials obtained through Uptrain platform for competitive purpose 
k) post, transmit any other material that violates in any way the current legislation.
Uptrain does not guarantee the accuracy, integrity or quality of content submitted by its users and does not underwrites an opinion stated by one of its users.


Specific obligations for coaches/trainers

 

Besides the aforementioned obligations, coaches/trainers selected to collaborate for the delivery of services shall have the obligation to fulfill their training sessions accordingly to the reserved periods, without delays, and with the level of quality expected from them, regarding the field of activity/topic of the training session reserved.

 

Uptrain acts passively in online delivery and posting of information provided by users and is not liable to pre-check the posted material. Thus, Uptrain is not responsible in any way, regarding the information and data posted by its users. If this will be required by a user, the company may investigate and check the affirmations and may decide the revocation of such information.


Uptrain may assume actions or measures regarding the users or against the information submitted bythem. By submitting material in any public or private segment on the site, including forums, contests or chat rooms you warrant Uptrain the continuous right (including moral rights) and license to use, modify, adapt, post, translate or publicly communicate the content, to international scale or to include it in other works of any type, in mass-media or known technology or future technology. You allow to any subscribed individual to access, visualize, stock or copy such material in personal purposes. Subject to those mentioned above, the owner of posted material keeps any of the rights that might derive from here.

We appreciate the messages from our clients, and we welcome your comments regarding our services. However, our policy does not allow us to accept or take always into account the creative ideas, suggestions, inventions or materials.

Information for users
When you register for the web site, you will be asked to provide the company with certain information including, without limitation, a valid email address. In addition to the terms and conditions that may be set forth in any privacy policy on this web site, you understand and agree that Uptrain may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application.
 

Uptrain shall not disclose to a third party your name, address, email or phone number without your consent, except for the legal cases, when the disclosure of such information is necessary and in accordance with the privacy policy, located at Confidentiality.

Uptrain has the right to offer you services and products belonging to a third party, based upon the information you mentioned in your registration, at any moment after it took place; such offers may be made by Uptrain or by a third party. 

Account, password and security
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Uptrain of any unauthorized use of your password or account and ensure that you exit from your account at the end of each session. Uptrain cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Uptrain reserves the right, at its sole discretion, to block your password, the use of its services, remove any material posted on its sites, for any or no reason. Also, Uptrain, may suspend service provision or a part, with or without any notice. 

You agree that Uptrain may, under certain circumstances and without prior notice, immediately terminate your account, any associated email address, and access to the service. Further, you agree that all terminations for cause shall be made under Uptrain’s sole discretion and that Uptrain shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Use of materials
Uptrain authorizes you to visualize any materials from our Sites only on personal purposes and not for commercial use. The content of these sites, videos, recordings, texts, graphics, photos, software as well as other materials are protected by copyright. The whole material is property of Uptrain. The compilation (that is gathering and re-arranging) of the content of this web site is the exclusive right of Uptrain, protected by law. You do not have permission to sell or change the material, to expose it in public, to deliver or use it in any other way, in public or commercial purposes.
On the servers belonging or being rented by Uptrain, the access of any unauthorized user is forbidden. In the case of trying and accessing, without any right, of this servers, the action is a violation and will be punished according to Romanian laws.


It is strictly forbidden to use the information from the database and any material obtained through the use of Uptrain platform or services provided by Uptrain for competitive purposes, whether their character is free or paid. If Uptrain finds that there are serious indications of violation of the above, it shall proceed to block and delete the user`s account culpable in this matter, without any compensation. Also, the penalty for the violation of the above ban will remove the user` s right to refund of any amounts paid to purchase Uptrain services no matter if until that date the paid services were used entirely or partially. 

 

Propriety of materials and information submitted on www.uptrain.eu
Uptrain does not claim ownership of materials you submit or make available for inclusion on the service (including observations and suggestions). By submitting content to any public or non-public area of any Uptrain site, you grant Uptrain Works SRL and its affiliates the permission to use, reproduce, modify, adapt, publish, translate, distribute, mention your name related to the submitted material.

No compensations will be pretended or given for using the material as stated above. Uptrain Works SRL does not have the obligation to post on the site or use in any other way the material submitted by you; Uptrain Works SRL shall have the right to remove any content anytime and without having a particular reason.


Content of profile pages on www.uptrain.eu
By submitting material for inclusion on your Uptrain profile, you grant us royalty-free license to reproduce, modify, adapt and publish the material for the purpose of displaying, distributing and promoting your profile. This permission exists as long as profile is hosted on the site belonging to and will be end when your account on Uptrain will be deleted. You acknowledge that Uptrain does not automatically pre-screen the content, however it has the right (yet not the obligation) to refuse or remove any content or material that is available via the service. Uptrain and its designees shall have the right to remove any content that violates the Terms and Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. 

Uptrain reserves the right to edit, modify, adapt and respectively remove totally or partially any content falling under the incidence of the above. 

Relationship with companies that advertise on www.uptrain.eu
Uptrain may run advertising campaigns and promotions on its sites.
Correspondence or business or participation to promotions of advertising campaigns found on our sites, including payment or delivery of goods or services and any other conditions, terms, warranties or representations associated with such relationships are solely your responsibility and these companies responsibility. You agree that Uptrain shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the service.

By accepting these terms of this agreement you also understand and agree that the service may include certain communications from Uptrain emails or special offers.



Links to other providers of information or services
Uptrain or third parties may provide, links to other World Wide Web sites or resources. Because Uptrain has no control over such sites and resources, you acknowledge and agree that Uptrain is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. 

Moreover, you acknowledge and agree that Uptrain in no event shall be liable for any damages resulting from the use any Uptrain sites and the web site content.

Uptrain Works SRL liabilities
Uptrain cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on Uptrain, in the event that you have a dispute with one or more users, you release Uptrain (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Uptrain does not have the obligation to control the content posted by its users and does not guarantee the accuracy, integrity or quality of such content. You understand that by using the services, you may be exposed to content that is offensive, indecent or objectionable. 

The material might contain inexact things or misspellings. Uptrain does not assume the accuracy of the material on the site. You acknowledge and agree you are the sole responsible for the form, content or accuracy of the material you place on the website.
 

Limitation of liability
You expressly understand and agree that Uptrain shall not be liable to you 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 losses (even if Uptrain was previous informed about the possibility of such losses) resulting from:
a) the use or the inability to use the services of www.uptrain.eu;
b) unauthorized access to or alteration of your transmission or data;
c) statements or conduct of any third party on Uptrain services;
d) any other matter relating to the service.
You also understand and agree to:
a) you are solely responsible for using the services. Services are provided "as is".
b) Uptrain makes no warranty that:
b.1) the services will meet your requirements;
b.2) the services will be uninterrupted, timely, secure or error-free;
b.3) the results that may be obtained from the use of the services will be accurate and reliable
b.4) any errors in the software will be corrected;
c) Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Generalities
If any of the stipulations in this chapter of "Terms and conditions" are considered invalid by the legal courts, the invalidity of such stipulation will not affect the validity of other stipulations of "Terms and conditions". The "Terms and conditions" represents an agreement between you and Uptrain Works SRL regarding the use of www.uptrain.eu
These terms and conditions may be updated by us from time to time without notice to you. You can review the most current version of the Terms and conditions at any time accessing this page. 

The "Terms and conditions" constitutes the entire agreement between you and Uptrain Works SRL and governs your use of the Uptrain services, superseding any prior agreements between you and v and its sites (including but not limited to a previous version of the Rules). You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Uptrain services, affiliate services, third-party content, or third-party software. The "Terms and conditions" and the relationship between you and Uptrain shall be governed by the Romanian laws, all disputes being settled amicably, or at the district court of Uptrain Works SRL registered offices.