TERMS AND CONDITIONS
Of company Bonypay s.r.o
based in Hvězdova 1716/2b, Nusle (Praha 4), 140 00 Praha
Company identification number: 07362773
Registered in the commercial register kept at the Municipal Court in Prague
For production, trade and services not listed in Annexes 1 to 3 of the Trade Act located on the webpage www.bonyacademy.com
1. BONY ACADEMY TERMS
1.1 By visiting and using this site, you agree to these terms of use (the “Terms”). These Terms govern your access to and use of the Site and any services we provide through the Site (“Services”). Please read them carefully and if you do not agree to these Terms in any way, do not use the Site or any Services. Bony Academy reserves the right to post changes to the Terms and Conditions on this Site at any time. If we make any material changes to these Terms and Conditions, we will post the updated Terms and Conditions here, along with their effective date. If the changes to the terms and conditions are unacceptable, you must stop using this site. In these terms and conditions, “Bony Academy”, and “We” refer to Bony Academy and “User” or “You” refers to any visitor to this site. These Terms and Conditions are an agreement between Bony Academy and you (“You” or “User”), a user of the Bony Academy website located at www.bonyacademy.com (the “Website” or “Site”). Please read this Agreement carefully. By using our website and its services, you agree to these terms and conditions and privacy policy. Any new features of our Website, including updates, upgrades, or new services, are also governed by these Terms and Conditions.
2. INFORMATION ABOUT US
2.1 Bony Academy (“We” or “Us”) is the name of our brand, the company operating this brand is Bonypay s.r.o. under which all our products and services are registered. Through its services, Bony Academy offers online information courses, workshops, classes, and other educational programs related to the world of finance for a fee (“Course(s)”). Bony Academy is included as part of the services offered by Bony Academy. Bony Academy may also offer you the opportunity to engage with other users who take the Courses. These Terms and Conditions, including this section relating specifically to Bony Academy, govern your purchase, use of and/or access to any Course. To enroll in a course, you must log in to your account. Bony Academy may use third parties to provide a platform for courses, to provide access to capital markets and to process payments, and such third parties may have access to your information for the purposes of providing course services.
3. INTRODUCTION
3.1 These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the company Bonypay s.r.o., with registered office at Hvězdova 1716/2b, Nusle (Prague 4), 140 00 Prague, identification number: 07362773, registered in the Commercial Register kept at the Municipal Court in Prague, (hereinafter referred to as “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online shop is operated by the Seller on the website located at www.bonyacademy.com (hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “e-shop interface”).
3.2 The Terms and Conditions do not apply if the person intending to purchase goods from the Seller is a legal person or a person acting during his business or profession when ordering goods.
3.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
3.4 The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
3.5 The seller may change or supplement the terms and conditions. This provision does not affect the rights and obligations arising during the effective period of the previous version of the terms and conditions.
4. USER ACCOUNT
4.1 In order to use the website (hereinafter referred to as the “Service”), you must register and create a user profile or account (hereinafter referred to as the “Account”). You may not share or transfer the account. You acknowledge and agree that you are responsible for all activities that occur under any account created for your use, even if such activities were not performed by you. Bony Academy shall not be liable for any loss or damage incurred as a result of your failure to maintain the confidentiality of your password. You acknowledge and agree that you have no ownership rights to your account and that Bony Academy may discontinue the Service at any time. Furthermore, Bony Academy may at any time and without prior notice cancel your account and delete all information associated with your account for violation of these terms. Bony Academy is not responsible for any damages or losses resulting from the cancellation of your account. You may cancel your account at any time and cancellation is effective immediately. Bony Academy reserves the right to temporarily or permanently restrict or block access to the Website and/or the Service to any user whose account has been terminated. When registering and/or when transferring credits to a user account, you must provide the following information:
• Username:
• Password:
• Your email address:
Provided information must be true, accurate, relevant, and complete. If Bony Academy suspects that you have registered a user account with intentionally incorrect information, Bony Academy reserves the right to cancel your user account. Bony Academy also reserves the right, at its sole discretion, to change and/or suspend/terminate the use of offensive and/or inappropriate usernames.
4.2 Based on the registration made on the website, the buyer can access its user interface. The buyer can order goods from his user interface (hereinafter referred to as “user account”).
4.3 When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
4.4 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
4.5 The buyer is not authorized to allow the use of the user account by third parties.
4.6 The buyer acknowledges that the user account may not be available continuously, especially regarding the necessary maintenance of the seller’s hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
4.7 We make no guarantees as to the accuracy, completeness, or quality of the information on this Site or through the Services, which are provided on an “AS IS” and “AS AVAILABLE” basis only, at the user’s own risk. This information may be provided by third parties and Bony Academy is not responsible for any errors, omissions, or inaccuracies in the content of the site. It is your responsibility to determine whether, how and to what extent the intended use of the information and services will be technically and legally possible. Before using any information for personal, financial, accounting, legal or business purposes, it should be verified.
4.8 The opinions and views expressed in any article on this site are solely those of the author(s) of the article and do not reflect those of Bony Academy or its management. Bony Academy subscribers acknowledge that their right to use the Site and other products or services offered by Bony Academy is personal and not transferable by assignment, sublicense or otherwise to any other person or entity. Any attempt to transfer Subscriber’s right to use the Site is void and constitutes a breach of these Terms and Conditions. The Subscriber may not:
• Select or use another person’s username or email address with the intent to impersonate that person;
• use a username or email address that is subject to the rights of another subscriber without our permission;
• use the username in violation of the intellectual property rights of any person;
• or use a username that we deem offensive in our sole discretion.
4.9 We have the right to block any identification code or password, whether chosen by you or assigned by us, at any time if, if you do not comply with any of the provisions set out in this document in our opinion.
4.10 No individual investment advice.
4.11 This site does not provide individual or customized legal, tax, accounting, or investment services. As each user’s situation is different, a qualified professional should be consulted before making any financial decisions.
5. ENTERING THE PURCHASE CONTRACT
All the presentation of goods on the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
5.1. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed on the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.
5.2. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
5.3. To order goods, the buyer fills out the order form on the web interface of the store. The order form mainly contains information about:
5.3.1. ordered goods (the ordered goods are “put” by the buyer into the electronic shopping cart of the store’s web interface),
5.3.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
5.3.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
5.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also considering the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the “Buy” button. The data listed in the order are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “buyer’s e-mail address”).
5.5. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
5.6. The contractual relationship between the seller and the buyer is established by the confirmation of the acceptance of the order (confirmation), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
5.7. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
6. SCHEDULE AND PAYMENT TERMS
6.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
0 cashless through a payment system;
0 cashless by payment card;
6.1. The Website offers USD 250 (two hundred and fifty), USD 500 (five hundred), USD 1,000 (one thousand) and USD 2,000 (two thousand) plans for use on the Website (the “Plans”) and the offers for each plan are described on the website at the time of purchase. Plans are not time limited from the date of purchase. No user may:
6.2. Select or use another person’s username or email address with the intent to impersonate that person;
6.3. use a username or email address that is subject to the rights of another user without our consent;
6.4. In the event of purchasing a Plan, Bony Academy will provide refunds in accordance with the Plan section below. You must contact Bony Academy to request a refund.
6.5. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
6.6. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
6.7. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
6.8. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
6.9. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
6.10. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice – to the buyer regarding payments made based on the purchase contract. Tax document – the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s e-mail address.
6.11. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
7. REFUNDS AND WITHDRAWAL
7.1. If you cancel the purchased course and request a refund within the first 7 days of purchase, we will refund the initial payment. After that, you can cancel your course at any time.
7.2. To the extent permitted by applicable law, payments are non-refundable, and we do not provide refunds or credits for any partially viewed or unviewed Bony Academy content.
7.3. Notwithstanding the above, if you cancel the course within 3 working days of its purchase, we will refund you the full course fee; however, we may charge you (or deduct from the refund) the pro rata value of the services you used during this 3-business day period.
7.4. To cancel your plan, please email support@bonyacademy.com. If you cancel the plan, your account will be automatically terminated. In the event that you cancel your plan, please note that we may still send you promotional communications about Bony Academy products and services unless you opt out of receiving such communications by following the instructions provided when canceling the services, you purchased.
7.5. Our Content: proprietary rights the website provides access to a digital book/books (e-courses) (hereinafter referred to as “content”). We also own all information and data that we collect from you, including but not limited to data relating to your use and browsing of our website and its content. We may use this information and data for comparative analysis and further improvement of the Services. We will handle all information we receive from you in accordance with our applicable Privacy Policy.
8. RIGHTS FROM DEFECTIVE PERFORMANCE
8.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.
8.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
8.2.1. the goods have the properties agreed upon by the parties and, in the absence of an agreement, have the properties described by the seller or manufacturer or expected by the buyer, having regard to the nature of the goods, and based on their advertising,
8.2.2. the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,
8.2.3. the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
8.2.4. the goods are in the corresponding quantity, measure, or weight and
8.2.5. the goods comply with the requirements of legal regulations.
8.3. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.
8.4. The seller has obligations from defective performance at least to the extent that the manufacturer’s obligations from defective performance last. The buyer is otherwise entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt. With a quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for a certain period of time. If the buyer justifiably accuses the seller of a defect in the goods, the period for exercising rights from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
8.5. The buyer can specifically assert rights from liability for product defects in person at Hvězdova 1716/2b, Nusle (Prague 4), 140 00 Prague, by phone at +420 771 231 252 or by e-mail at support@bonyacademy.com
8.6. The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable.
8.7. If the goods do not have the characteristics specified in Article 7.2 of the terms and conditions, the buyer can also demand the delivery of new goods without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer can only demand the replacement of the part; if this is not possible, he can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to remove the defect free of charge. The buyer has the right to deliver new goods or replace a part even in the case of a removable defect, if he cannot use the goods properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace a part of it or to repair the goods, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller is unable to deliver new goods without defects, replace its parts or repair the goods, as well as if the seller does not remedy the situation within a reasonable time or if the remedy would cause significant difficulties for the buyer.
8.8. Anyone who has a right according to § 1923 of the Civil Code is also entitled to reimbursement of costs purposefully incurred in exercising this right. However, if he does not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
8.9. Additional rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. The seller handles consumer complaints via the email address support@bonyacademy.com. The seller will send information about handling the buyer’s complaint to the buyer’s email address.
8.4. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
8.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 of May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on the resolution of online consumer disputes).
8.6. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the “GDPR regulation”) related to the processing of the buyer’s personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller’s public obligations, the seller fulfills it by means of a special document.
10. SENDING OF COMMERCIAL MESSAGES AND COOKIES
10.1. The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (Act on certain services of the information society), as amended, to the sending of business communications by the seller to an electronic address or to the buyer’s phone number. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer’s personal data for the purpose of sending business communications through a special document.
10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller’s obligations from the purchase contract without so-called cookies being stored on the buyer’s computer, the buyer can withdraw the consent according to the previous sentence at any time.
10.3. Commercial messages can be delivered to the buyer’s email address.
11. FINAL PROVISIONS
11.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).
11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. Seller’s contact details: delivery address Hvězdova 1716/2b, Nusle (Prague 4), 140 00 Prague, e-mail address: support@bonyacademy.com, telephone: +420 771 231 252.
In Prague on March 3, 2023
