Terms and conditions

Brick Academy

Below Brick Academy’s terms and conditions regarding the use of website https://academy.brickvisual.com/, the rules applied on using the Learning Hub online platform, purchasing of online courses, downloading assets and the data collection.

These Terms govern

  • the use of the Learning Hub and website, and,
  • any other related Agreement or legal relationship with the Owner

in a legally binding way. The User must read this document carefully. Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms and Conditions document, unless the context otherwise requires, the following expressions have the following meanings:

Platform
means collectively the online facilities, tools, services, and information that We provide through Learning Hub and its hosting site; https://academy.brickvisual.com.


Content
means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Platform


Account
means an account required to access and/or use certain areas of the hosting site including Platform;


Site
means the official Brick Academy website through which various Products are available, https://academy.brickvisual.com.


Products
Products provided through Site that are provided on the basis of payment.


Data Protection Legislation
means 1) the EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and any national implementing laws, regulations, and secondary legislation (as amended from time to time);


Third Party Service Provider
means a third party providing a service that is offered to Users through Platform;


User
means a user of Our Platform;


We/Us/Our/Owner
means “Brick Academy”, the brand owned and operated by Brick Visual Solutions Zrt., registered in Hungary

2. INFORMATION ABOUT US

2.1 Site (https://academy.brickvisual.com/) and Platform (“Learning Hub”) are owned and operated by Brick Visual Solutions Zrt., registered in Hungary.

Registered address: Perc u. 8, 1036, Budapest, Hungary
Tax number: 25801406-2-41
Email address: academy@brickvisual.com
Telephone number: +36 30 985 5698

3. GENERAL TERMS OF USE

3.1 Unless otherwise specified, the terms of use detailed in this section apply generally when using this Platform.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Platform, Users confirm to meet the following requirements:

  • There are no restrictions for Users in terms of being Consumers or Business Users.

3.2 Account registration

To use the Platform Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will cause unavailability of the Content.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Platform.

By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

3.3 Account termination

Users can terminate their account and stop using the Service at any time by doing the following:

  • By using the tools provided for account termination on this Platform.

3.4 Account suspension and deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

3.5 Content on this Application

Unless where otherwise specified or clearly recognizable, all content available on this Platform is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Platform infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

3.6 Rights regarding content on this Application – All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Platform and Content.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works of the Content available on this Platform, nor allow any third party to do so through the User or their device, even without the User’s knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

3.7 Content provided by Users

The Owner allows Users to upload, share or provide their own content to this Platform.

By providing own content to this Platform, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

3.8 Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Platform they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Platform as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with own content they provide to this Platform.

Users acknowledge, accept and confirm that all content they provide through this Platform is provided subject to the same general conditions set forth for content on this Platform.

3.9 Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Platform. Users acknowledge and accept that the Owner does not filter or moderate such content.

However, the Owner reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Platform:

  • if any complaint based on such content is received;
  • if a notice of infringement of intellectual property rights is received;
  • upon order of a public authority; or
  • where the Owner is made aware that the own content, while being accessible via this Platform, may represent a risk for Users, third parties and/or the availability of the Content.

The removal, deletion, blocking or rectification of own content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

3.10 Access to external resources

Through this Platform, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

3.11 Acceptable use

This Platform and related services may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Platform and/or the Content violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Platform and the Content, terminating contracts, reporting any misconduct performed through this Platform or the Content to the competent authorities – such as judicial or administrative authorities – whenever Users engage or are suspected to engage in any of the following activities:

  • violate laws, regulations and/or these Terms;
  • infringe any third-party rights;
  • considerably impair the Owner’s legitimate interests;
  • offend the Owner or any third party.

4. TERMS AND CONDITIONS OF SALE

4.1 Paid Products

Some of the Products provided through this Platform are provided on the basis of payment.

The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of Site.

4.2 Product description

Prices, descriptions or availability of Products are outlined in the respective sections of Site and are subject to change without notice.

While Products on Site are presented with the greatest accuracy technically possible, representation through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.

The characteristics of the chosen Product will be outlined during the purchasing process.

4.3 Purchasing process

Any steps taken from choosing a Product to order submission form part of the purchasing process. The purchasing process includes these steps:

  • By clicking on the Apply button, Users are directed to the submission section, wherein they will have to specify the course of their choice, contact details, billing address.

  • After providing all the required information, Users must carefully review the order and, subsequently, confirm and submit it by using the ‘Submit’ button, hereby accepting these Terms and committing to pay the agreed-upon price.

  • After the submission, User will receive a document with the details of the payment

4.4 Order submission

When the User submits an order, the following applies:

  • The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
  • In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly.

All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

4.5 Prices

Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

Prices on Site are displayed:

either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

4.6 Offers and discounts

The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of Site.

Offers and discounts are always granted at the Owner’s sole discretion.

Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.

Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.

4.7 Coupons

Offers or discounts can be based on Coupons.

If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.

Unless otherwise stated, these rules apply to the use of Coupons:

  • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
  • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
  • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
  • A Coupon cannot be applied cumulatively;
  • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
  • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
  • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.

4.8 Methods of payment

Information related to accepted payment methods are made available during the purchasing process.

Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of Site.

All payments are independently processed through third-party services. Therefore, Site does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

If payment through the available methods fail or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

4.9 Retention of Product ownership

Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property, nor a confirmation that User is entitled to any service.

4.10 Retention of usage rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

The Users who purchase the Products acquire the license to use them in accordance with terms and conditions of the applicable license but the Products remain property of Brick Academy and has to be considered under their exclusive copyright.

4.11 Delivery of digital content

Unless otherwise stated, digital content purchased on Site is delivered via download on the device(s) chosen by Users.

Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) may be required to meet the technical requirements specified on Site.

Users acknowledge and accept that the ability to use the purchased Product may be limited in time and space.

4.12 Performance of services

The purchased Product shall be performed or made available within the timeframe specified on Site or as communicated before the order submission.

If Online Courses don’t reach the minimum requirements (e.g. low number of participants) to start, they can be cancelled and/or postponed on a later date, which will be communicated to the Users enrolled as soon as possible.

5. ADDITIONAL TERMS OF USE FOR DOWNLOADABLE PRODUCTS

In addition to what has been stated above, some further conditions apply for the purchase and download of 3d models, assets, materials, textures.

All Products purchased and downloaded (in this Terms “Products”) from Site and Platform can be exclusively used for idividual projects and are never to be used for training, educational purposes or any kind of tutorial. Therefore, they cannot be shared or provided to students or other people and are the exclusive licenses of the User who purchased them.

The User is allowed to use the Product downloaded without the need to pay royalties. Products purchased may not be sold or given to another person or entity, but can be used in commercial projects multiple.

Users can never present themselves in any way as the creator of the Products purchased and used.

Users can modify the model/texture/asset, provided they don’t sell, share or distribute it to other people in any form.

The Users cannot use the Products for any defamatory, harassing, pornographic, obscene, or racist purpose.

If the User detects any issue regarding the above, they can contact Brick Academy using the contacts in these Terms.

6. USER RIGHTS

6.1 Right of withdrawal and refunds

User is entitled to refunds of Product fees in the following situations:

  • If We cancel the availability of the Product - 100% refund and 20% discount on another training course.
  • If User cancels 20 days before the start of the training - 100% refund
  • If User cancels 10 days before the start of the training - 50% refund
  • If User cancels less than 10 days before the start of the training - 0% refund.

7. LIABILITY AND INDEMNIFICATION

7.1 Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Product, Platform, Site, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

7.2 Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

In particular, within the limits stated above, the Owner shall not be liable for:

  • any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

  • damages or losses resulting from interruptions or malfunctions of Product and Platform due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;

  • any losses that are not the direct consequence of a breach of the Terms by the Owner.

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Platform/Product/Site; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Platform/Product/Site or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Platform/Product/Site;
  • any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Platform/Product/Site;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform/Product/Site;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Platform/Product/Site; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

7.3 Disclaimer of Warranties

Platform/Product/Site is provided strictly on an “as is” and “as available” basis. Use of them is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Product will meet Users’ requirements; that the Platform will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Platform/Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Platform is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Product.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Platform/Site or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Platform/Product/Site may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of the aforesaid.

8. COMMON PROVISIONS

8.1 No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

8.2 Service interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Platform/Site for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Platform/ Site altogether. Upon termination, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Platform/Site might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

8.3 Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of the Platform/Site/Product/Content without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

8.4 Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of the Platform/Site/Product/Content .

8.5 Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Platform/Site/Product/Content on sale are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Platform/Site/Product/Content and products on sale are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

8.6 Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User for the future.

The continued use of the Platform/Site will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Platform/Site. Failure to accept the revised Terms, may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the User’s acceptance. The User can obtain any previous version from the Owner.

If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

###8.7 Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

8.8 Contacts

All communications relating to the use of Platform/Site/Product/Content must be sent using the contact information stated in this document.

8.9 Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

8.10 Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

8.11 Venue of jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

8.12 Surviving provisions

This Agreement shall continue in effect until it is terminated by either the Platform/Site or the User. Upon termination, the provisions contained in these Terms that by their context are intended to survive termination or expiration will survive, including but not limited to the following:

  • the User’s grant of licenses under these Terms shall survive indefinitely;
  • the User’s indemnification obligations shall survive for a period of five years from the date of termination;
  • the disclaimer of warranties and representations, and the stipulations under the section containing indemnity and limitation of liability provisions, shall survive indefinitely.

8.13 Amicable dispute resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users’ right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of the Platform and Site, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and within 10 days of receiving it.

8.14 Online dispute resolution for Consumers

The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

Latest update: March 7, 2022

© 2012-2024 Brick Visual Solutions Zrt. All Rights Reserved. Privacy Policy

Facebook YouTube LinkedIn Behance