1. Introduction
1.1. This agreement, in accordance with the legislation of Georgia, governs the relationship between the educational platform www.usacademy.ge (hereinafter the “Academy” / the “Provider”) and its user (hereinafter the “User”) (collectively, the “Parties”).
1.2. The User is entitled, on the basis of free will, to reject the present terms and conditions, which means declining to use the platform’s services.
1.2.1. The User’s information is protected in accordance with the Law of Georgia “On Personal Data Protection”. The User must submit a written request to info@usacademy.ge stating that they wish to delete their account, after which, within 24 hours, the User’s account on the platform will be fully deleted and all information related to the User will be permanently erased.
1.3. By observing the terms and conditions of the present agreement, the User places an order, and the platform delivers to them the agreed product in exchange for the agreed fee.
2. Registration
2.1. By registering on the platform and filling in the relevant fields, the User expresses consent that their personal information be received and processed by the Provider in accordance with the law.
2.2. The User confirms that they are of legal age in accordance with the legislation of Georgia.
2.3. The User consents, in accordance with the Law of Georgia on Personal Data, to record personal information in the User’s account.
2.3.1. By filling in the present data and expressing consent to the terms of the present agreement, the User consents that the Provider use the contact means indicated by them for the purposes of direct marketing and send them advertising notifications.
2.3.2. The User is obliged to indicate correct personal information in the account. In the event of providing incorrect information, responsibility rests with the User.
2.4. The Parties undertake the obligation, in accordance with the legislation of Georgia, to observe the principle of confidentiality and not to transfer to third parties information disclosed within the scope of the present agreement.
2.4.1. The User provides the platform with the following types of information: email address, telephone number, first name and surname, profession and specialty, and physician’s license number.
2.4.2. During authorization via Facebook, the platform has access to the User’s photograph. The platform uses the photograph only so that, after authorization, the image appears in the User’s personal account.
2.4.3. The User may change information from their personal account or request deletion of information in accordance with clause 2.6.
2.5. Any order placed by the User and the information related to it is considered confidential.
2.6. In accordance with the Law of Georgia “On Personal Data Protection”, you have the right to: request information about the processing of data concerning you; request the correction, updating, addition, blocking, deletion and destruction of data concerning you; withdraw the consent you have given and request the cessation of data processing and/or the destruction of the processed data; at any time, request the cessation of the use of data concerning you for direct marketing purposes. If you wish to exercise the right granted to you by law, this is possible in writing, orally or by email. Please send notification of your request to the address info@usacademy.ge, or contact us by telephone at +995 514 632 000, or submit your statement by any other means available to you.
3. Placing an Order
3.1. On the website, the User selects the desired product and expresses their will to purchase it. The User has the opportunity to purchase the product in the following ways:
3.1.1. From the account created by them directly on the website.
3.1.2. Via a social network.
3.1.2.1. In the event of placing an order via a social network, the correspondence is retained by the platform.
3.1.3. By making a telephone call.
3.1.3.1. When the will to purchase is expressed by telephone, the call is recorded.
3.1.4. By email.
3.1.4.1. In the event of placing an order by email, the correspondence is retained by the platform.
3.2. The User is entitled to return the purchased product to the Provider and request reimbursement of the product’s cost from the Provider within 1 (one) hour of receiving the product, in the event that the purchased product does not meet the product description posted on the platform.
3.3. The User is entitled to request reimbursement of the product’s cost if the product is not delivered in a timely manner.
4. Delivery
4.1. After the User places the order and pays the cost, the online store is obliged to deliver to the User the agreed product, which fully meets the product description posted on the platform.
4.2. The product is delivered to the User on the platform.
4.3. The product is delivered within a maximum of 1 working day from the order.
5. Payment
5.1. After expressing the will to purchase the product, the User pays the price of the product, which is indicated on the website.
5.2. Settlement is carried out by one of the methods selected by the User when ordering the product:
5.2.1. Online, by cashless settlement, in a single payment carried out through the website;
5.2.1.1. The cashless settlement obligation is considered fulfilled from the moment the amount is recorded on the Provider’s bank account.
5.2.2. Online, by cashless settlement, in a single payment carried out by bank transfer;
5.2.2.1. The bank transfer obligation is considered fulfilled from the moment the amount is recorded on the Provider’s bank account.
5.3. In the event that the User places an order through the User’s account, they record the payment method on the website.
6. User Claims
6.1. In the event that the delivered product differs from the product description provided on the platform, the Provider is obliged to refund the User the amount paid in accordance with clause 3.2.
6.2. In the event that the delivered product does not correspond to the User’s wish due to the User’s fault (for example, in the event of the User’s error), the User may order another similar product, if such exists. The amount payable will also change according to the difference in cost between the product the User ordered and the product the User intended to order.
6.3. In the event that the delivered product does not correspond to what was agreed due to the User’s fault (for example, in the event of the User’s error), and they refuse to accept even the product they had intended to order, they are obliged to pay a penalty in the amount of 50% of the amount paid (if they have already paid the cost of the product, it is returned to them less the charges provided for by this clause).
6.4. The User is obliged, within 1 hour of receiving the product, to check whether the product received by them is the one they ordered / the one they wished to order; otherwise, they are not entitled to make use of the rights provided for by clauses 6.1, 6.2 and 6.3 of the present agreement.
6.5. Upon transfer of the product to the User, an act of acceptance and transfer is executed between the parties, confirming the flawlessness of the transferred item. The act of acceptance and transfer enters into force if, within 1 hour of its execution, the User does not notify the educational platform in writing about a defect in the product.
6.6. The Provider is obliged, within 3 (three) days of receiving notification of the User’s claims, to consider the claim and make the appropriate decision in accordance with the rights provided for by clauses 6.1, 6.2 and 6.3.
6.7. The User is not entitled to return or exchange the received product or to request a refund of the fee paid by them, except in the cases provided for by the present agreement.
7. Copyright
7.1. Copyright in any material posted on the website, including visual and audio material, photographs, video, etc., belongs to the Provider. The User is not entitled to use, distribute, or benefit from the said material without the prior written consent of the Provider, or to otherwise infringe the Provider’s copyright in any form.
8. Liability of the Parties and Release from Liability
8.1. The Parties bear liability for the non-fulfillment or improper fulfillment of the obligations imposed upon them in accordance with this agreement and the applicable legislation.
8.2. The Parties are released from liability if a breach of obligation on their part is caused by the action of force majeure or by a circumstance that was beyond the Parties’ power to foresee and prevent.
8.2.1. For the purposes of the agreement, circumstances releasing from liability shall be deemed to include natural events, strikes, sabotage or other industrial disturbances, civil unrest, war, military operations, blockade, rebellion, earthquake, landslides, epidemic, flood and other similar events that are beyond the Parties’ control and that they are unable to avoid.
8.2.2. A breach of the terms of the agreement due to the occurrence of force majeure circumstances shall not entail the application of penalty sanctions.
9. Entry into Force and Termination of the Agreement
9.1. The agreement enters into force from the moment the User duly expresses consent to it electronically, and remains in effect until the obligations are fully and duly fulfilled by the Parties.
9.2. Early termination of the present agreement is possible:
9.2.1. By mutual agreement of the Parties at any time;
9.2.2. In the event of a gross breach by a Party of an obligation assumed under the agreement, if, even after the expiry of an additional reasonable period set by the other Party, it fails to fulfill the obligation duly;
9.2.3. In the cases provided for by this agreement and/or by legislation.
10. Dispute Resolution Procedure
10.1. Any dispute arising out of or in connection with this agreement, including any question regarding its existence, legality, interpretation, enforcement, breach or termination, shall be resolved through negotiation.
10.2. If negotiation is pointless or if negotiation does not yield a result, any dispute between the Parties arising out of or in connection with the present agreement shall, for the purpose of consideration and final decision, be referred to court in the manner provided for by the legislation of Georgia.
11. General Provisions
11.1. The invalidity of any clause of the present agreement does not affect the validity of the remaining clauses of this agreement, provided the agreement would have been concluded even without the invalid condition.
11.2. Any matter not defined by this agreement shall be resolved in accordance with the legislation of Georgia.
11.3. Any notification or other communication related to the present agreement must be conducted in writing, to the requisites of this agreement and the communication means indicated in the User’s account, by sending notification or by any other form, provided it allows confirmation of the addressee’s receipt of the notification.