BigMainStreet Terms and Conditions of Use


Preamble
BigMainStreet is an educational service addressed to the individual users that opt for online study. BigMainStreet includes the BigMainStreet Website, the BigMainStreet e-learning platform, the BigMainStreet Customer Support Service and any other applications offered by BigMainStreet in connection with the BigMainStreet Website. Henceforth we’ll refer to all of these previous mentioned as the “BigMainStreet Services.”


According to BigMainStreet’s business policies regarding the location of its operational logistics centres, the BigMainStreet Services are provided world-wide from European Union, including one or more of the following countries: United Kingdom, Germany, Switzerland, Romania or Austria. The applicable law is the law and/or the regulations of European Union and the law of the country from where the services are provided.

These Terms of Use form a legally binding Contract with BigMainStreet using the clickwrap contracts regulations. You are authorized to use the BigMainStreet Services once you’ve registered with BigMainStreet and you agreed to comply with these Terms of Use and all applicable laws. From here on we will refer to the registered users as Users. These Terms of Use apply also for the Visitors of the BigMainStreet Website.

1. The Object of the Contract
The object of this Contract is offering Users the permission to access the courses they enrolled to, after the payment of the enrolment price and the right for additional services where possible. The price of the contract is the total price the User is paying at order check-out.


2. The Users’ Rights
The permission to access the enrolled courses includes the following rights:
a) the right to use the course materials for individual study only;
b) the right to participate in the real cases practical applications;
c) the right to post topics and participate in various discussions;
d) the right to benefit from the BigMainStreet Customer Support;
e) the right to submit the final exams and projects;
f) the right to receive a certificate of completion after the courses graduation;
g) the right to get a refund according to the BigMainStreet’s Refund Policy;

3. Conditions and Limitations of the Users’ Rights

The validity of the Users’ rights covers the course study duration that is of maximum 12 weeks and also the compliance with all the provisions of these Terms of Use.


The participation of the Users in the courses real cases practical applications, final exams and projects, is mandatory. In order to receive a certificate of completion, the Users have to get a passing grade, meaning a minimum 5 or D final grade as a result of their participation in these assessment activities. Participating in the real cases practical applications and submitting the final exams and projects must be done within a specific deadline that is of maximum 3 weeks from the assignment date. The specified deadlines cannot be extended.

4. BigMainStreet’s Special Rights
BigMainStreet reserves the full right to set the courses schedule, including the modules allocation, the study duration, the assessment methods and anything else related to the studying process.
BigMainStreet reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any real cases practical applications, quizzes, exams, projects, or any other assessment methods.


BigMainStreet reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, or to restrict, suspend, or terminate Users’ access to all or any part of the BigMainStreet Services at any time, for any reason, with or without prior notice, and without liability.

5. Validity 

These Terms of Use will remain in full force and effect starting with the registration date until the termination of the Users’ accounts. Users may terminate their accounts at any time, for any reason, by a request addressed to BigMainStreet Customer Support – mail address: contact [at]bigmainstreet.com. After graduation, BigMainStreet may terminate the Users’ accounts at any time, without warning for any reason.

BigMainStreet may update these Terms of Use from time to time and the updates will be effective right after their posting on the BigMainStreet Website. Users undertake the obligation to review these Terms of Use periodically and they agree to be bound to any modifications to these Terms of Use after any such modification is posted.

6. Eligibility
The registration with the BigMainStreet Services is valid only if Users are at least 18 years old. If not, Users are allowed to use the BigMainStreet Services only with the approval of a parent or legal guardian. Users can register for the BigMainStreet Services by filling in a registration form.  

By using the BigMainStreet Services, Users guarantee that all registration information they submit is genuine and accurate, they will maintain the accuracy of such information and their use of the BigMainStreet Services does not violate any applicable law or regulation. It is prohibited to register for an account under a different name or providing inaccurate information.

7. Registration
By registering with BigMainStreet Services, the Users consent to these Terms of Use.


When Users register with BigMainStreet Services, their login data consist of the e-mail address they provide and the password they choose. Users can change their password anytime in their account settings and they are entirely responsible to keep the confidentiality of their password.

Users agree not to use the account and the login data of other Users or to disclose their password to any third party. Users undertake the obligation to notify BigMainStreet immediately if they suspect any unauthorized use of their account or access to their password. Users are solely responsible for the use of their account.


8. Copyright Policy 
All copyright and other intellectual property rights relating to the content used by BigMainStreet Services are either owned by or licensed to BigMainStreet. Using, copying or any other use of all or any part of the specified content without the BigMainStreet’s express written permission is strictly prohibited. Users also agree that the BigMainStreet Services are for their personal use only and they will not share with any third party the content they access on BigMainStreet Services. Any violation of this copyright policy may result in terminating the accounts of the involved Users and the initiation of appropriate legal action.

9. Unauthorized Commercial Use
The BigMainStreet Services may not be associated with any commercial activities except of those that are specifically approved by BigMainStreet. Unauthorized use of the BigMainStreet Services, including collecting usernames and/or e-mail addresses of Users by electronic or other means for the purpose of sending unsolicited e-mails or unauthorized framing of or linking to the BigMainStreet Website is prohibited. Commercial advertisements, affiliate links, and other similar endeavours may be removed from the Users’ accounts without any prior notice. Any infringement may result in terminating the accounts of the involved Users and appropriate legal action will be taken for any illegal or unauthorized use of the BigMainStreet Services.

10. Content and Activity Prohibited 
BigMainStreet reserves the right to take appropriate legal action against anyone who, in BigMainStreet’s sole discretion, violates this provision, including without limitation, removing the offending communication from the BigMainStreet Services and terminating the account of such violators.

Prohibited content includes, but is not limited to content that, in the sole discretion of BigMainStreet:
a) promotes illegal activities or conduct that is abusive, destructive, obscene or defamatory;
b) contains nudity, violence, offensive subject matter, threats, sexual harassment or links to adult websites;
c) involves commercial activities and/or sales without BigMainStreet’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
d) provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;
e) criticizes in a harmful way other Users or any services provided by BigMainStreet, or encourages other Users to such acts;
f) involves the transmission of junk mail, unsolicited mass mailing, chain letters, instant messaging, or spamming;
g) asks for passwords or personal identifying information for commercial or unlawful purposes from other Users;
h) contains restricted or password only access pages or hidden pages or images;
i) includes photographs of another person that a User has posted without that person's consent;
j) promotes an illegal or unauthorized copy of another person's copyrighted work.

Prohibited activity includes, but is not limited to:
a) any illegal activity, including child pornography, trade of obscene content, drug dealing, gambling fraud, harassment, tracking, spamming, malware distribution, sending mass e-mails, overloading, copyright infringement, or theft of trade secrets;
b) violating local, state, national or international laws and regulations;
c) copying, transferring, selling, or otherwise misusing any content from BigMainStreet Services, without any prior written authorization from BigMainStreet;
d) advertising to, or asking any User to buy or sell any products or services through the BigMainStreet Services;
e) attempting to or accessing any other User's account, disclosing passwords or any other activities that might put Users’ accounts at risk;
f) covering or obscuring the banner advertisements on Users’ account page, or any BigMainStreet page through css/html or any other means;
g) interfering with, disrupting, or creating any difficulty to the BigMainStreet Services, including marking any mail from BigMainStreet Services as spam;
h) maliciously breaking or deceiving the BigMainStreet authentication or security measures or otherwise test the vulnerability of the BigMainStreet Services, without any prior authorization from BigMainStreet.

11. Privacy Policy and Personal Data Protection
a)The personal data provided by Users when they register with the BigMainStreet Services is strictly confidential and will not be disclosed to any third party - institutions or individuals, without just cause. The situations when disclosure is considered necessary include but are not limited to the following ones:

- conformity to legal requirements or response to a subpoena, search warrant or other legal process received by subpoena, whether or not a response is required by applicable law;
- protection of the BigMainStreet’s rights;
- protection of the Users’ safety etc.

b) The Users’ contact data may serve for sending commercial information related to the offer of the BigMainStreet Website or other third parties’ offers and also to keep the Users informed about all related to BigMainStreet Services.


c) The registration with the BigMainStreet Services represents the Users’ express consent to the recording, processing and use of their personal data by BigMainStreet Services, including without limitation their personal identification number and other personal identification data, for the purposes previously mentioned and for graduation certificates release.

d) The use of the BigMainStreet Services is monitored and the data obtained may be used for Users' work assessments, quality improvements, giving proof of certain facts and also for commercial purposes.

e) The online payments are made ​​through a secure platform of BigMainStreet’s partners that ensure protection for the Users’ personal data from their credit/debit cards.
 
f) Collecting and utilizing the Users’ personal data: BigMainStreet is authorized under no. 37501 in the Register of Personal Data Operators according to the European Union regulations. There are used stringent safety procedures in the collection, storage and disclosure of Users’ personal data in order to prevent any unauthorized use. The Users’ personal data are collected in order to deliver free services, such as notifications, updates, news, newsletters, reports and other relevant information, to promote certain products, services or events and to constantly communicate with the Users and ensure the necessary support regarding all the aspects related to the BigMainStreet Services.

g) Sharing the personal data with the BigMainStreet Services represents the Users’ fully and unequivocal consent that BigMainStreet may process their personal information for collection, recording, storage, adaptation, retrieval, consultation, use, disclosure to third parties by transmission, dissemination or otherwise, blocking, erasure or destruction of the Users’ personal information.

h) Information collected upon registration and during the use of the BigMainStreet Services: BigMainStreet collects Users’ personal data including but not limited to: name and e-mail address, password (encrypted), date of birth, gender, mailing address, city, country, personal id number, phone number, personal interests, education and occupation.

i) If Users do not want their data to be collected by BigMainStreet, they are asked not to provide that data to BigMainStreet.

j) Protection of personal data: BigMainStreet will preserve the confidentiality of the Users’ personal data collected through the BigMainStreet Website, according to Law 677.2001 regarding the protection of personal data. The registered Users have under the law the following rights: the right to be informed (Article 12), the right of access to data (Article 13), the right to modify the data (Article 14) and the right to oppose (Article 15).

k) The right to be informed: the registration with the BigMainStreet Services implies the acknowledgment of the rights mentioned above and the express consent for utilizing the Users’ personal data by BigMainStreet according to the provisions of this Privacy Policy.

l) The right of access to data: any User concerned is entitled to obtain from BigMainStreet at request free of charge, once a year, the confirmation that their personal data are or are not processed by BigMainStreet, and the following information:
- information regarding the purposes of the processing, the categories of data concerned, and the recipients or categories of recipients to whom the data are disclosed; 
- communication in an intelligible form of the data undergoing processing and of any available information about the data source; 
- information on the operating principle of the mechanisms used to perform any automatic processing of data aiming that User; 
- information on the existence of the right to modify the data and the right to object, and the conditions under which they may be exercised; 
- information on the possibility to consult the register of the personal data processing, to submit a complaint to the supervisory authority and to address the court for appeals against the decisions of  BigMainStreet, in accordance with the legal provisions. 
BigMainStreet is obliged to communicate the information requested within 15 days of receipt of the request. 

m) The right to modify the data: any User concerned has the right to obtain, free of charge, from BigMainStreet, by a written, dated and signed application: 
- correction, updating, blocking or deletion of data whose processing does not comply with the law, especially of incomplete or inaccurate data; 
- change into anonymous data the data whose processing does not comply with Law 677.2001; 
- notification to third parties to whom the data were disclosed, unless such notification proves impossible or involves a disproportionate effort towards the legitimate interest that could be harmed. 
BigMainStreet is obliged to communicate the measures taken and, if case, the name of the third party to whom the personal data regarding the User concerned were disclosed, within 15 days of receipt of the request.

n) Right of opposition: the User concerned has the right to object at any time, by a written, dated and signed application, for legitimate and grounded reasons relating to their particular situation, that the data concerning that User to be processed, except when there are contrary legal regulations. In case of grounded opposition, the processing cannot subject the respective data. The User concerned has the right to object at any time, free of charge and without any justification, that the data concerning that User to be processed for direct marketing purposes, on behalf of BigMainStreet or of a third party, or to be disclosed to third parties for such a purpose. BigMainStreet is obliged to communicate the measures taken and, if case, the name of the third party whom the personal data regarding the User concerned were disclosed, within 15 days of receipt of the request.

o) BigMainStreet doesn’t knowingly collect personal information users under 18 years old.  If BigMainStreet becomes aware that a user under 18 years old has provided their personal information, that information is immediately removed and that user account is terminated.
 
p) BigMainStreet’s servers automatically record the Users’ log data when using the BigMainStreet Services. Log data may include non private personal information such as Users’ IP address, browser type, mobile network operator, the referring domain, pages visited, device and application IDs, and search terms. Other actions, such as interactions with BigMainStreet Website, applications and advertisements, may also be included in Log data. This data is used to manage the BigMainStreet Website, track usage and improve the BigMainStreet Website services. This data may be shared with third-parties to provide more relevant services and advertisements to Users. BigMainStreet keeps logs and other information as required for security, administrative and any other purposes.

q) Users may choose not to receive certain types of e-mails simply just by not ticking the “Sign up for our newsletter!” and “Receive special offers from our partners!” options in the Users’ Accounts – My Personal Information Settings. However, Users will receive only the e-mails related to their course participation and other topics that do not cover the ones previously mentioned. Users may unsubscribe from BigMainStreet e-mails at any time, for any reason, by a simple click on the “Unsubscribe” link they will find within every e-mail received from BigMainStreet.

r) Links: BigMainStreet Website may contain links to other websites. BigMainStreet is not responsible for the privacy policies of other websites. When linking to another website, a User should read the privacy policy stated on that website. BigMainStreet’s privacy policy governs only the information collected through BigMainStreet Services.

s) Use of Cookies
A “cookie” is a small text file which is sent to and stored on the computer or any other device used to access the BigMainStreet Website, without gathering any information about the documents or files on those devices.


BigMainStreet uses cookies to store the preferences of those who visit the BigMainStreet Website and to record session information, for purposes including ensuring that Visitors/Users are not repeatedly offered the same advertisements and to customize newsletter, advertising and Web page content based on browser type and User profile information.

BigMainStreet doesn’t link the information stored in cookies to any personally identifiable information that Users submit while using the BigMainStreet Services. Visitors/Users may be able to configure their browser to accept or reject all or some cookies, or to be notified when a cookie is set. Given that each browser is different, it’s advisable that Visitors/Users check the “Help” menu of their browser to learn how to change their cookie preferences.  Visitors/Users must enable cookies from BigMainStreet in order to use most functions on the BigMainStreet Website.

BigMainStreet allows third party advertisers that are displaying advertisements on BigMainStreet Website to set and access their cookies on Users’ computers or any other devices used to access BigMainStreet Website. Advertisers' use of cookies is subject to their own privacy policies, not the BigMainStreet Privacy Policy.

12. Security 
The BigMainStreet Users’ accounts are secured by User-created passwords and the Users’ account information is kept private, stored within a highly restricted access database. Nevertheless BigMainStreet cannot guarantee the full security of the Users’ account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Users’ account information at any time.


The Visitors/Users of the BigMainStreet Services are solely responsible for the equipment (computer, tablet, phone or any other device) and software used to access the BigMainStreet Services. Visitors/Users are also responsible for proper protection against viruses and other malicious software.

BigMainStreet takes precautions to insure that all security measures have been taken to protect the BigMainStreet Website against viruses and other malicious software and uses security systems to control access to its web pages in order to prevent attacks and any other unauthorized actions, but it does not warrant that the content of the BigMainStreet Website will be free from viruses, faults and other harmful components and consequently in no event shall be liable for any damage caused to the Visitors/Users' equipment, software and files, as well as for any damage incurred by the Visitors/Users, due to any of the above causes.

13. Disclaimers
BigMainStreet is not responsible for any incorrect or inaccurate content posted on or through the BigMainStreet Services, by the course authors, BigMainStreet staff, collaborators or third parties, Users or by any of the equipment or software associated with or utilized in the BigMainStreet Services. BigMainStreet has no obligation to modify or remove any inappropriate content.
 
BigMainStreet does not guarantee any specific results from the use of the BigMainStreet Services.

Inclusion of any linked websites on the BigMainStreet Services does not imply the approval or endorsement of these linked websites by BigMainStreet and BigMainStreet shall not be responsible for the content posted on such websites.

BigMainStreet has no responsibility neither for third party advertisements which are posted through the BigMainStreet Services, nor for the goods or services provided by its advertisers.

BigMainStreet assumes no responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or communications line due to unauthorized access, theft, alteration, technical problems or traffic blockage on the Internet or on any of the BigMainStreet Services, including any injury or damage to Visitors/Users or to any person's computer or other device resulting from participation or downloading materials in connection with the BigMainStreet Services.
BigMainStreet is not responsible for any loss or damage, including personal injury or death, resulting from the use of the BigMainStreet Services, participation in a BigMainStreet event, from any content posted on or through the BigMainStreet Services, or from the online or offline conduct of any Users of the BigMainStreet Services.

BigMainStreet takes no responsibility for any payments made to a third party by a BigMainStreet User.

THE UTILIZATION OF THE BIGMAINSTREET SERVICES IS AT THE USERS’ OWN RISK. THE BIGMAINSTREET SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY PROMISES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BIGMAINSTREET NOR ANY PERSON ASSOCIATED WITH BIGMAINSTREET MAKES ANY PROMISE, WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE BIGMAINSTREET SERVICES, THAT DEFECTS WILL BE CORRECTED, THAT THE BIGMAINSTREET SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE BIGMAINSTREET SERVICES WILL OTHERWISE MEET THE USERS’ NEEDS OR EXPECTATIONS. BIGMAINSTREET HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

14. Limitation of Liability 
IN NO EVENT SHALL BIGMAINSTREET BE LIABLE TO USERS OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE USE OF THE BIGMAINSTREET SERVICES, EVEN IF BIGMAINSTREET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIGMAINSTREET 'S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY USERS TO BIGMAINSTREET FOR THE BIGMAINSTREET SERVICES.

15. Indemnity
For any violations, Users agree to indemnify, defend and hold BigMainStreet, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including without limitation reasonable legal fees and expenses, made by any third party due to or arising out of the use of the BigMainStreet Services in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or if any Content that Users post on the BigMainStreet Website or through the BigMainStreet Services causes BigMainStreet to be liable to another.

16. Disputes
If there is any dispute about or involving the BigMainStreet Services, Users agree that the dispute shall be governed by the laws of the countries mentioned in Preamble, depending from which country the BigMainStreet Services were provided at that time. Either BigMainStreet or Users may demand that any dispute between BigMainStreet and Users about or involving the BigMainStreet Services must be settled by arbitration utilizing the dispute resolution procedures of one of the countries mentioned in Preamble, provided that the foregoing shall not prevent BigMainStreet from seeking injunctive relief in a court of its jurisdiction.

BigMainStreet is solely responsible for the interactions with its Users. BigMainStreet is not responsible to monitor the disputes between Users. More information on ANPC page.

17. Sale Price and Pricing Policy
BigMainStreet offers paid services for a certain price. Unless otherwise stated, all prices are quoted in U.S. Dollars. Prices may vary based on Users’ location, country of origin purchasing power, tax levels, advertising costs and other factors. BigMainStreet reserves the right to modify any price at any time at its sole discretion. Any modification will be effective immediately upon posting through the BigMainStreet Website. BigMainStreet payment methods are PayPal and Credit/Debit Card payment.  Users agree to pay the prices related to the BigMainStreet Services and hereby authorize BigMainStreet and its payment processing partners to charge their credit/debit cards with the appropriate amounts.

Identification Info. Worldwide Taxes and the European Union specific taxation system
If the delivery of the BigMainStreet Services to any User in the European Union is subject to any value added tax (“VAT”), under applicable law, BigMainStreet will collect and remit the VAT to the competent tax authorities, if applicable. Users will indemnify and hold BigMainStreet harmless against any and all claims by any tax authority for any underpayment of VAT, and any penalties and/or interest thereon. For worldwide tax and legal identification compliance, here are the operational provider info: BigMainStreet Business Logistics Center, identified with tax code 34659546, located on 10 Fd. Eternitate Street, office no. 3, Iasi, Romania - European Union.


All other countries
For delivering the BigMainStreet Services in countries other than the European Union, Users are responsible for remitting the taxes to the appropriate taxing authority.  BigMainStreet is unable to provide Users with tax advice and Users should consult their own tax advisor.

Rounding Off
BigMainStreet may, in its sole discretion, round up or round down the sale price. For example, BigMainStreet will round up an amount of $82.50 to $83.00, and $82.49 to $82.00.

18. Refund Policy
BigMainStreet offers its Users a 30-day money back guarantee. If a User is unhappy with a Course purchased and requests a refund within 30 days of the date they paid for access to that Course, BigMainStreet will provide them with a full refund of the amount they paid. For a refund, Users may send a request to support [at]bigmainstreet.com


If there is the suspicion that a User is abusing the BigMainStreet’s refund policy, in its sole discretion, BigMainStreet reserves the right to suspend or terminate that User’s account and refuse or restrict any and all current or future use of the BigMainStreet Services, without any liability to that User.
If a User is found to be in violation of these Terms of Use, they will not be issued a refund.

The Refunding can be revoked:
a. If the period of 30 days from the enrolling date expires.
b. If the student printed all the available content of the course before the refund request.
c. When students purchase and refund multiple courses over an extended period of time. This situation is considered an abuse of this policy and their account on BigMainStreet.com will be subject to suspension.

19. Honor Code of Conduct
All BigMainStreet Users must agree to abide by the following honor code of conduct:

a) I will register for only one account.
b) My answers to real cases practical applications, quizzes, exams, projects, and any other assessment activities will be my own work.
c) I will not make the solutions to real cases practical applications, quizzes, exams, projects, and any assessment activities available to anyone else. This includes both solutions written by me, as well as any solutions provided by the course staff or others.
d) I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

20. Other
These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

London, 20.05.2015


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