TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
These Terms and Conditions apply to the purchase of any Services by you (the Customer or you). We are Nikol Nikolova trading as 4Brushes of 6 Kennet Road, Isleworth, Middlesex, UK, TW7 6JG with email address [email protected] (the Supplier or us or we).
Please read these terms and conditions carefully before purchasing.
For purchases via our website, by checking the “Прочетох и се съгласявам с правилата и условията на сайта*” tickbox and clicking on the “Потвърди Поръчката” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from us.
Section 1: Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine-readable, or other form concerning the business, clients, suppliers, finances, and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by us to accompany a course provided as part of the Services.
“Online Course” means the delivery by us of an online course under which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Fees” means the fees paid by you to us for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information, and other intellectual property rights (registered or unregistered) throughout the world.
“You” means the individual purchasing the Services.
Section 2: The Services
2.1. A description of each Service is available on the sales page linked with the particular Service on our Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of any of the Services.
Section 3: Personal Information, Registration and Accessing the Purchased Service
3.1. When registering to use the Website, you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
3.2. When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
3.3. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions done using your account.
3.5. We may contact you by using e-mail or other electronic communication methods and by pre-paid post, and you expressly agree to this
3.6. The Services that you have ordered will be available in the account you created during registration immediately after the payment is received. Use the same username and password to log in and view the Online Course and its materials.
Section 4: Basis of Sale
4.1. When you make a purchase on the Website, we reserve the right to reject it for any reason, including but not limited to: errors in the price of the service, error in your order, breach in the agreement, suspected fraud or other reasons.
4.2. We reserve the right to decide whether a full, partial or no refund should be issued (Subject to clause 6.1 and 6.2).
4.3. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
4.4. An order is successfully paid for when you receive an email from us confirming the order (subject line: “Честито! Получихме твоята поръчка от 4 Brushes”). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you.
4.5. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and (ii) the information you supply to us is true, correct, and complete. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information
Section 5: Fees
5.1. Fees must be paid in full prior to you accessing any Online Course.
5.2. Fees for the Service selected by you on the Website shall be debited from your credit/debit card/PayPal used at the time of purchase if you have selected to pay using the Card or PayPal payment methods.
5.4. When you place an order for a Service and choose to pay via EasyPay, you have 30 days to do so and reserve the fee that was quoted at the time of placing the order. If your order is not paid within 30 days, it is cancelled. Your order is complete, and a legally binding agreement between us and you shall come into existence when you send your payment via EasyPay.bg or their in-person cash registers and receive the order confirmation email.
5.5. If any payment issue occurs with EasyPay you must raise it further with them.
Section 6: Refunds
6.1. If you have purchased an Online Course and have already gained access, downloaded all or part of the Online Course, and/or started to use that Online Course, then you shall have no right to receive a refund.
6.2. Should 4 Brushes be unable to provide the Service after purchase, a full refund will be given.
6.3 Only the course “От 0 до Пълен График” has a money-back guarantee. The conditions are:
a. Students must complete all homework assignments, complete the 60-day plan, and implement all viral video ideas as provided within the course.
b. Students must strictly follow the course syllabus and provide evidence of this.
c. Students must have applied what they have learned for 6 months
d. To use the money-back guarantee, students must prove that they have not received any new customer enquiries since purchasing the course.
Please note that all conditions and rules must be met to qualify for the money-back guarantee. In case you meet all the requirements and conditions, you can request for a full refund after 6 months of purchasing the course.
Section 7: Third-Party Links
7.1. Certain content, products, and services available via our Service may include materials from third parties.
7.2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
7.3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Section 8: Availability, Errors, and Inaccuracies
8.1. We are constantly updating our offerings of free content and paid Services on our site. They may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the site and in our advertising on other websites. You expressly agree that any such offer of a Service does not constitute a legal offer capable of attracting legal consequences.
8.2. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors, and Inaccuracies” is without prejudice to existing statutory rights.
8.3. You will have access to the Course Materials, so long as we are operating or unless otherwise stated in the description of the Service
Section 9: User Comments, Feedback, and Other Submissions
9.1. If, at our request, you send certain specific submissions (for example, photos submitted to our courses) or without a request from us, you send photos, videos, text (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward/upload to us. We are and shall be under no obligation to maintain any comments in confidence unless you specifically ask us to in written format when submitting the said comment.
9.2. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
9.3. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10: Privacy
10.1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
10.3. For the purposes of these Terms and Conditions:
‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to, the GDPR.
‘GDPR’ means the UK General Data Protection Regulation.
‘Data Controller,’ ‘Personal Data,’ and ‘Processing’ shall have the same meaning as in the GDPR.
10.4. We are a Data Controller of the Personal Data we Process in providing Services to you.
10.5. Where you supply Personal Data to us so we can provide Services to you, and we Process that Personal Data in the course of providing the Services to you, we will comply with our obligations imposed by the Data Protection Laws:(i) before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;(ii) we will only Process Personal Data for the purposes identified; (iii) we will respect your rights in relation to your Personal Data; and (iv) we will implement technical and organisational measures to ensure your Personal Data is secure.
10.6. For any enquiries or complaints regarding data privacy, you can email: [email protected]
Section 11: Liability
11.1. Although we aim to provide the Services to the highest standards of the industry, neither us nor our trainers accept any liability for: (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by the Client on any such information; (ii) any loss or corruption of data;(iii) any loss of profit, revenue, or goodwill; or (iv) any indirect, special, or consequential loss arising from any breach of the terms of this Agreement.
11.2. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties, or other terms shall apply to the Services.
11.3. Subject to clause 11.4 below, 4 Brushes’ total liability arising from or in connection with these terms and conditions and in relation to anything which we may have done or not done in connection with these terms and conditions and the delivery of the Service (and whether the liability arises because of breach of contract, negligence, or for any other reason) shall be limited to the Fees received by us in connection with the relevant Online Course in relation to which a dispute has arisen.
11.4. Nothing in this Agreement shall exclude or limit 4 Brushes’ liability for: (i) death or personal injury caused by negligence; (ii) fraudulent misrepresentation; or any other matter which under UK law may not be limited or excluded.
11.5. No claim may be brought more than three months after the last date on which the Services concerned have finished or ceased to be provided by us.
Section 12: Intellectual Property
12.1. All Intellectual Property Rights in the Course Materials and Online Courses are, and remain, the intellectual property of 4 Brushes or its licensors, whether adapted, written for, or customized for the Client or not.
12.2. You are not authorized to:
download, copy, modify, reproduce, republish, sublicense, sell, upload, broadcast, post, transmit, or distribute any of the Course Materials without prior written permission; record on video or audio tape, relay by videophone, or other means the Online Course; use the Course Materials in the provision of any other course or training, whether given by us or any third-party trainer; remove any copyright or other notice of 4 Brushes on the Course Materials; modify, adapt, merge, translate, disassemble, decompile, or reverse engineer (save to the extent permitted by law) any part of the Online Courses.
12.3. Breach by you of this clause 12.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses and Course Materials.
12.4. In consideration of the Fees paid by you, we grant you a limited, non-transferable, non-exclusive license to use the Course Materials and the Online Courses in respect of the Services purchased for the sole purpose of completing the Online Course.
Section 13: Confidentiality
13.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions.
13.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
13.3. This clause shall continue notwithstanding termination of these terms and conditions.
Section 14: Termination
14.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you: (i) fail to pay when due your Fees; (ii) act in an aggressive, bullying, offensive, threatening, or harassing manner towards anyone at 4 Brushes; (iii) are in breach of these terms and conditions.
14.2. On termination, clause 11 (liability), 12 (intellectual property rights) and 13 (confidentiality) shall continue notwithstanding such termination.
Section 15: Data Protection
15.1. The nature of the Services provided by us means that we will obtain, use, and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
15.2. When you register with us, you will need to provide certain Data such as your contact details and demographic information. We will store this Data and use it to contact you, provide you with details of the Services you have purchased, and otherwise as required during the normal provision of the course.
15.3. To enable us to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name, IP address, the URL you came from and go to, log-in times and the parts of the Website you visit.
15.4. We use information such as your User ID, session identifiers, and password to enable us to identify whether you are using our services, assist with the provision of services, and ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser’s interaction with the Website.
15.5. Our Services may link to third-party websites, and we are not responsible for their data policies or procedures or their content.
15.6. We endeavour to take all reasonable steps to protect your personal Data, including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
15.7. If you wish to view, change, or update the data we hold about you, please go to your profile settings or email [email protected]
Section 16: Law and Jurisdiction
16.1. These Terms of Service and any separate agreements are subject to UK law, and the parties submit to the exclusive jurisdiction of the UK courts in connection with any dispute hereunder.
Section 17: Changes to Terms of Service
17.1. You can review the most current version of the Terms of Service at any time on this page.
17.2. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 18: Notices
18.1. You can contact us by any of the following methods:
Email: [email protected]
Post: Nikol Nikolova, 6 Kennet Road, Isleworth, Middlesex, UK, TW7 6JG