Terms and Conditions of Service

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING SYMPLACT.ORG OR ANY OF OUR CONTENT.

These are the Terms and Conditions of Service ("Terms") for this website, symplact.org ("Website"), and any relating video and audio clips, text, graphics, images, documents, digital downloads, products, services, emails, forums, icons, widgets, logos, promotions, applications, computer code, activities, trademarks, trade dress, trade names, copyrights etc. (herein after collectively referred to as "Content"), owned and operated by SYMPLACT LTD ("we", "us", or "our") under the brand name "SymplAct".

SYMPLACT LTD is registered in the Republic of Bulgaria, and the registry number assigned to the company is 205755097.

All actions taken by individuals appearing in and/or presenting any of our Content are made by or through and for the benefit of SYMPLACT LTD and are therefore legally indistinguishable from SYMPLACT LTD.

"You" and "your" refers to you, the user and/or viewer of this Website and/or any of our Content. These Terms govern your access to, use of, participation in, and posting or contribution to the Website and any Content offered on the Website and made available or sponsored by SYMPLACT LTD.

By submitting your privacy settings via our consent banner and/or by accessing the website without the consent banner and/or by purchasing and/or using any of our Content in any way, you acknowledge and agree to comply with and be bound by the Terms set forth in this policy. In addition, when you use the Website and/or any of our Content, you agree to comply with all applicable laws, regulations and rules regarding your use of the Website and our Content, and to abide by any posted guidelines, which we may change or modify at any time and are hereby incorporated by reference into these Terms. If you do not agree to these Terms, any guidelines, or any subsequent modifications, you may not access the Website and/or purchase and/or use our Content.

 

Changes to these Terms. We, SYMPLACT LTD, reserve the right to change or otherwise modify these Terms at any time. By accessing the Website and/or purchasing and/or using any of our Content after our publication of any such changes, you acknowledge and agree to comply with and be bound by the Terms set forth in this policy, as modified, regarding any additional use of the Website and/or any additional purchase and/or any additional use of any of our Content. Be sure to periodically review these Terms. Users who have signed up for our "Legal Updates" mailing list shall be given prior written notice via email about any upcoming changes to these Terms. You can sign up for our "Legal Updates" mailing list using the signup form at the following URL: "https://17b2797d.sibforms.com/serve/MUIEABybZrFkMN-uZBQCleeuJDBSR6fVaGsYTLnvGA1Z3J98eKbgWvGZYc7rltxQo0DOgJyj2tA4sRto24vAa8mKJd-nTNWGt9H3l8gKXCCZNF3M_OjNut2bC_YCNK018BH914UP0W8eyd56W8kCuNWJBA7RDjkXEE_mC-gTJep288AvnqPsbXEAdN5S9yv2cLUTm1LjRGjxAdas". Instead of accessing the previously mentioned URL directly, you can also enter this shorter URL which will redirect you to the very same signup form page: "https://symplact.org/legal-updates/".

 

Changes to our Privacy Policy. We, SYMPLACT LTD, reserve the right to change or otherwise modify our Privacy Policy at any time. By accessing the Website and/or purchasing and/or using any of our Content after our publication of any such changes, you acknowledge and agree to our Privacy Policy, as modified, regarding any additional use of the Website and/or any additional purchase and/or any additional use of any of our Content. Be sure to periodically review our Privacy Policy. Users who have signed up for our "Legal Updates" mailing list shall be given prior written notice via email about any upcoming changes to our Privacy Policy. You can sign up for our "Legal Updates" mailing list using the signup form at the following URL: "https://17b2797d.sibforms.com/serve/MUIEABybZrFkMN-uZBQCleeuJDBSR6fVaGsYTLnvGA1Z3J98eKbgWvGZYc7rltxQo0DOgJyj2tA4sRto24vAa8mKJd-nTNWGt9H3l8gKXCCZNF3M_OjNut2bC_YCNK018BH914UP0W8eyd56W8kCuNWJBA7RDjkXEE_mC-gTJep288AvnqPsbXEAdN5S9yv2cLUTm1LjRGjxAdas". Instead of accessing the previously mentioned URL directly, you can also enter this shorter URL which will redirect you to the very same signup form page: "https://symplact.org/legal-updates/".

 

These Terms and Conditions of Service constitute a binding legal agreement between you and SYMPLACT LTD. By submitting your privacy settings via our consent banner and/or by accessing the website without the consent banner and/or by purchasing and/or using any of our Content in any way, and thereby agreeing to these Terms, you confirm that you are at least 18 years of age, that you have attained the age of majority in the province, state or country in which you reside and that you have the legal capacity to enter into and be bound by these Terms. These Terms and Conditions of Service, together with any of our policies referred to herein, constitute the entire agreement between you and us relating to your access to and/or use of the Website and/or your access to, use of, and/or purchase of our Content and supersedes any other agreements regarding the same subject matter, including any prior Terms and Conditions of Service or any other material (except other fully executed written contracts between you and us). Trade practice or the course of conduct between you and us shall not act to modify any provision of this agreement. This agreement is not assignable, transferable or sub-licensable by you without our prior written consent.

These Terms remain in force and effect as long as you are a user and/or a registered user of the Website and/or any of our Content. In the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms, including any indemnifications, warranties and limitations of liability.

If you breach any of the provisions contained in these Terms, your authorization to use the Website and any of our content shall automatically and instantaneously terminate at the time of such breach and you are required to immediately destroy any content obtained, related to, printed or downloaded from the Website.

We may at any time, in our sole discretion and for any reason cancel or terminate anyone´s subscription(s) to any of our products, restrict and/or deny anyone’s access to or use of the Website and/or our Content in whole or in part, restrict, deny and/or terminate anyone’s participation in and/or use of any of our Content, or cease offering the Website or any portion thereof. We have no obligation to provide you unfettered use of or access to the Website and/or our Content. We also have no obligation to provide any maintenance or support services in connection with the Website and/or our Content.

You understand and agree that you are responsible for obtaining access to the Website and/or our Content. That may involve third-party fees (such as the cost for your internet service provider), which you are responsible for, and providing any equipment necessary to access the Website and/or any of our Content, which you are also responsible for.

You understand and agree that SYMPLACT LTD is permitted to access and use any information provided by you to provide products and services and, if necessary, to access such information to obtain contact information in order to send you notifications related to the products and services we provided to you.

You understand and agree that the Website and any of our Content may include advertisements or sponsorships.

 

Errors in and changes to the Website and our Content and the information on or in the Website and our Content. The Website and our Content, as well as the information on or in the Website and our Content, may contain errors or inaccuracies, or may be incomplete. We cannot guarantee the accuracy or completeness of any information found on the Website and in our Content. We reserve the right to at any time discontinue offering and/or modify (including but not limited to updating and making changes and additions to) the Website, our Content and the information on the Website and in our Content (or any part thereof) without prior notice unless otherwise specified herein, and to correct errors, inaccuracies, or omissions at any time without prior notice, including but not limited to pricing, availability and other purchase terms of our products and services. You understand and agree that we reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been placed, after it has been confirmed, and after a payment has been made. We shall not be liable to you or to any third party for any discontinuance or modification of the Website, our Content and the information on or in the Website and our Content (or any part thereof).

 

 

Changes to the prices of products and services. Prices of all products and services, including but not limited to monthly subscription plan fees to the products and services, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Website and/or via email notification. We shall not be liable to you or to any third party for any price change of products and/or services.

 

Suspensions. We shall not be liable to you or to any third party for any termination of rights to access or suspension of access to products and/or services (or any part thereof).

 

Disclaimers. You understand and agree that the Website and all of our Content is provided on an "AS IS" and "AS AVAILABLE" basis.

SYMPLACT.ORG AND OUR CONTENT IS PROVIDED WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF QUALITY, ACCURACY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COURSE OF PERFORMANCE AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT SYMPLACT.ORG, ITS SERVERS OR ANY E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS, INCLUDING BUT NOT LIMITED TO VIRUSES.

WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF MISDELIVERY, DELETION, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR ANY OTHER DATA.

WE DO NOT WARRANT THAT SYMPLACT.ORG WILL MEET YOUR REQUIREMENTS, BE SECURE, BE TIMELY, BE FREE OF ERRORS, BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, FUNCTION UNINTERRUPTED, OR THAT DEFECTS OR ANY ERRORS, IF ANY, WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SYMPLACT LTD OR THROUGH SYMPLACT.ORG SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

SymplAct and any Interactive Areas on this website are not designed to deal with serious (medical) psychiatric or mental issues or disorders, or any medical conditions at all. We do not have any professional qualification(s) to give any advice at all, including but not limited to giving any medical advice, any nutrition- or sports-related advice, or any advice to people with serious (medical) psychiatric or mental issues or disorders. Our content and interactive areas are not made be used as a resource for help by people with any serious issues and conditions. By using our content and interactive areas, we assume that you are psychologically and medically stable. If you are not psychologically and medically stable, if you suffer from serious (medical) psychiatric or mental issues or disorders, if you are suicidal, if you have serious addictions, if you are on (prescribed) medications, you should seek qualified professional help. The advice and Interactive Areas we make available to the users of our services are not substitutes for qualified professional help. We are not qualified as suicide-prevention experts. We are not responsible for any advice which may be given to you by users of our Interactive Areas who claim to be qualified suicide-prevention experts, and you may want to ignore such advice as the people giving it might lie about their qualifications. If you are suicidal, please seek qualified professional help. Moreover, we are not responsible for any of the User Content submitted by users in our Interactive Areas.

 

Limitation of liability. To the fullest extent permitted by applicable laws we expressly deny and disclaim any liability which may be created by the use of the Website and/or our Content. The information on the Website and in our Content is for informational use only. By submitting your privacy settings via our consent banner and/or by accessing the website without the consent banner and/or by purchasing and/or using any of our Content in any way, you agree that neither SYMPLACT LTD, nor any of its owners, employees, members, partners, contractors, agents, suppliers, presenters or affiliates shall be liable for any direct, indirect, special, incidental, consequential or punitive damages, including and without limitation loss of profits or income, loss of data, loss of use, damage or loss of property, loss of goodwill, death, personal injury, or any other losses, expenses and damages, which may result from, without limitation, your access to, use of or inability to access or use the Website, any of our Content, any content or actions from any third party on the Website and/or any content obtained from the Website. This Limitation of Liability applies whether the alleged liability is based on contract, warranty, tort, negligence or any other basis, whether or not we have been informed of the possibility of such damages or losses, and even if a remedy set forth herein is found to have failed. The exclusive jurisdiction and venue for any action under these Terms shall be in Varna, under the laws of the Republic of Bulgaria.

You understand and agree that the limitations of liability set forth in this section will survive any termination or expiration of these terms and will apply even if any limited remedy is found to have failed its essential purpose. If this clause is unenforceable in whole or in part in any jurisdiction, then in no event shall our total liability to you for all damages, losses, and claims exceed the out-of-pocket amount actually paid by you to SYMPLACT LTD, if any and as applicable.

Some jurisdictions do not allow the exclusion of certain warranties, or certain kinds of exclusions or limitations of liability, so the exclusions and limitations of liability set out in these Terms may not apply to you.

 

Indemnification. You agree to defend, indemnify and hold harmless SYMPLACT LTD, its owners, employees, members, partners, contractors, agents, suppliers, presenters and affiliates from and against any and all claims, demands, damages, obligations, liabilities, losses, debt, costs and expenses, including but not limited to court costs and attorneys' fees, made by any third party due to, resulting from or arising out of your use and access of the Website and/or our Content, a breach of these Terms, or your breach of any of your agreements, acknowledgements, warranties, representations and/or obligations herein.

YOU AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS UPON WHICH WE PROVIDE SYMPLACT.ORG AND OUR CONTENT.  YOU ALSO AGREE THAT THE LIMITATIONS OF LIABILITY AND THE INDEMNIFICATION PROVISIONS IN THESE TERMS SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.

 

Ownership of Content, intellectual property and copyright. SYMPLACT LTD owns and operates this Website. The Content contained on and related to this Website (collectively, "Content"), including but not limited to all video and audio clips, text, graphics, images, documents, digital downloads, products, services, emails, forums, icons, widgets, logos, promotions, applications, computer code, activities, trademarks, trade dress, trade names, copyrights etc. is the property of SYMPLACT LTD, or the property of our licensors or licensees, and the design, layout, "look and feel" and arrangement of the Website and of such Content is exclusive property of SYMPLACT LTD, and protected by Bulgarian and international copyright laws, treaties and conventions.

Our trademarks and copyrighted items may not be used in connection with any product or service without the prior written consent of SYMPLACT LTD. Our trademarks include, but are not limited to SymplAct™, Symplism™, SymplAction™ and SymplActive™.

Except as otherwise agreed on in these Terms, you cannot be and are prohibited from in any way copying, downloading, reproducing, distributing, republishing, displaying, posting, uploading, transmitting, modifying, selling, reselling or otherwise using any of our property in whole or in part in any way inconsistent with all applicable laws, treaties and conventions, without our express prior written permission.

We grant you limited, revocable, non-exclusive, non-transferable and temporary permission to access and make personal use of the Website and our Content. Any unauthorized use results in the automatic termination, without prior notice, of the permission granted to you hereunder. You are granted a limited, revocable and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us, our licensors or licensees, our or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent. Any rights not expressly granted to you by these Terms are reserved by us.

Nothing on the Website or in the Content grants you any license or right, express or implied, to any of our property, trademarks, copyright or that of any third party. Also, no use of or access to the Content and/or the Website transfers any right, title, or interest in or to any part of the Website, its content, the Content or any of our property to you.

 

Restrictions on your use of the Website and our Content. You agree that you will not transmit any software or other materials containing computer viruses, worms, trojan horses, defects, time bombs, date bombs, or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer, or any other harmful or destructive items.

You agree that you will not use any data mining, spiders, robots, or other automatic program, device, algorithm or methodology, or any similar or equivalent manual process within the Website to access, acquire, monitor or copy any portion of the Website or any of our Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of our Content. You also agree that you will not use any software, device or routine to interfere with, or to attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

You agree that you will not copy, reproduce, republish, post, upload, distribute or transmit any of our Content in any way, in whole or in part, without our prior written permission, other than as expressly allowed herein.

You agree that you will not sell, resell, exploit, duplicate, or make commercial use of any portion of the Website or any of our Content, as well as the access to and use of the Website or any of our Content. You also agree that you will not make any derivative use of the Website or any of our Content.

You agree that you will not modify, adapt, translate, sell, sub-license, reverse engineer, disassemble or decompile any portion of the Website or any of our Content, or attempt to derive any source code or underlying ideas or algorithms on the Website or any of our Content.

You agree that you will not circumvent, disable or interfere with the security of the Website or features that prevent, limit or restrict use or copying of the Website or any of our Content.

You agree that you will not spam or flood.

You agree that you will not do anything that may impose or imposes, in our sole judgment, an unreasonable or disproportionately large load on our infrastructure, or on the infrastructure of our third-party providers.

You agree that you will not "mirror" or "frame" the Website or any part of it.

You agree that you will not interfere with or disrupt the Website or the servers or networks connected to the Website, or disobey any procedures, requirements, policies or regulations of networks connected to the Website.

You agree that you will not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

You agree that you will not interfere with any other user’s right to privacy, including but not being limited to harvesting or collecting personally-identifiable information about users of the Website and/or our Content, or posting private information about a third party.

You agree that you will not use the Website and/or any of our Content for any unlawful purpose, or any activity that would give rise to civil liability.

 

User Content. We may at times allow you to post, upload, link, share, transmit or otherwise make available (collectively, "submit") and to store or display user-generated content in the form of comments, discussions, replies, reviews, text, graphics, video, audio, photos, images, messages, opinions, ideas, documents, emojis, creative works, profile information, other information, or other material (collectively, "User Content"). This User Content may be submitted by you through comments sections, message boards, chat rooms, forums, review forms, or other interactive features (collectively, "Interactive Areas"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Moreover, you are solely responsible for the User Content that you submit, including the decision of whether it is copyrighted and legal to submit. We assume no responsibility or liability arising from the content of any User Content, nor from any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within any User Content.

By submitting any User Content and/or using any of our Interactive Areas, you agree that you will not submit any User Content that

(1) is protected by copyright, trademark, right of publicity, trade secret, or any other proprietary right without the express permission of the owner of such copyright, trademark, right of publicity, trade secret, or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, right of publicity, trade secret, or any other proprietary right rests with you. You shall be solely liable for any damage resulting from any violation or infringement of copyrights, trademarks, rights of publicity, trade secrets, or other proprietary rights or any other harm resulting from such a submission. We reserve the right to terminate or restrict the account of any person determined by us, in our sole discretion, to have violated or infringed upon the intellectual property rights of others;

(2) in any way violates or infringes upon the privacy or any other rights of any person or entity, including but not limited to any statements which may defame, libel, harass, stalk or threaten others. The burden of determining that any User Content you submit does not violate or infringe upon any rights of others rests with you. You shall be solely liable for any damage resulting from any violation or infringement of rights or any other harm resulting from such a violation. We reserve the right to terminate or restrict the account of any person determined by us, in our sole discretion, to have violated or infringed upon the rights of others;

(3) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, right of publicity, trade secret, or any other proprietary right rests with you. You shall be solely liable for any damage resulting from any violation or infringement of copyrights, trademarks, rights of publicity, trade secrets, or other proprietary rights or any other harm resulting from such a submission. We reserve the right to terminate or restrict the account of any person determined by us, in our sole discretion, to have violated or infringed upon the intellectual property rights of others;

(4) does not generally pertain to the designated topic or theme of any Interactive Area;

(5) is offensive, abusive, derogatory, threatening, (potentially) harmful (e.g. advocating violence or terrorism – anything that poses a reasonable threat to personal or public safety), contains harassment or bullying behavior, or contains hate speech ("Abusive / harmful / harassment / hate speech");

(6) contains mature, obscene, lewd or sensitive content, including but not limited to pornography, sexually explicit content, bestiality, vulgarity or profanity ("Inappropriate");

(7) is "Low-quality". "Low-quality" content, amongst other things, may fall under the following categories:

(7.1) Over-intellectualizing;

(7.2) Being egoic, judgmental, toxic, ignorant or closed-minded;

(7.3) Ranting and anger porn (content produced solely for the purpose of blowing off steam and intentionally making people angry or mad);

(7.4) Unintelligible posts (e.g. due to extreme grammatical or spelling errors, or using any other language but english in any of the interactive areas except for private messaging);

(7.5) Submitting unnecessary posts to the SymplAct Forums;

(8) contains false, misleading or inaccurate information ("Misinformation");

(9) expresses intentions of self-harm or suicide ("Self-harm or suicide");

(10) is, advocates, or contains spam, any unauthorized, unsolicited, or blatant advertising, marketing, or promotional content or materials, junk mail, chain letters, pyramid schemes, or any (other) form of solicitation ("Spam or promotional content");

(11) contains fake content or potential malware, violates any law, advocates or provides instruction(s) on illegal or predatory acts, or discusses illegal activities with the intent to commit them ("Suspicious or illegal");

(12) contains pedophilia, incest, violent images of killing or physical abuse (may also fall under the "Suspicious or illegal" category);

(13) or is in any other way unlawful or could constitute or encourage conduct that would be considered criminal offense, give rise to civil liability, or otherwise violate any law ("Suspicious or illegal").

You agree not to use any service, technology or automated system to submit more User Content than an individual could submit in a given period of time. You also agree not to direct any third party to use such services, technologies or automated systems on your behalf.

Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Website or any of our Content will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.

We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Website. Through your use of Interactive Areas, you may be exposed to content that you may find to be objectionable, abusive, harmful, harassment, hate speech, inappropriate, misinformation, deceptive, misleading, inaccurate, disturbing or offensive. There may also be risks of dealing with foreign trade issues or people who are of foreign nationality, underage, or acting under false pretense. By using Interactive Areas, you assume all associated risks.

We have the right, but not the obligation, to monitor submitted User Content to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. We will fully cooperate with any law enforcement authorities or court orders requesting of directing User Content to disclose the identity of anyone posting any User Content that constitutes violation of or infringement upon laws or rights. Although we have no obligation to monitor, screen, edit, review or remove any submitted User Content, we reserve the right, and have absolute discretion, to monitor, screen, edit, review, refuse to post or remove without notice any submitted User Content at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Website at your sole cost and expense. Our decision to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Website.

By submitting User Content on, to or through us and/or the Website, you automatically grant us a royalty-free, irrevocable, non-exclusive, perpetual, total and worldwide rights and license to use, reproduce, copy, publish, post, edit, modify, adapt, translate, distribute, broadcast, publicly display, disclose, transmit, sublicense (through multiple tiers), incorporate into other works, create derivative works from, and otherwise use and exploit, in whole or in part, any such User Content, except if otherwise stated herein, for any purpose, in any form, technology and media, without payment or any other compensation to you or to any other user or third parties. We shall not be limited in any way in the use, commercial or otherwise, of any User Content, except if otherwise stated herein. Moreover, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. In addition, we are free to use and shall be deemed to own any concepts, ideas, know-how, or techniques contained in any submitted User Content, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information, except if otherwise stated herein. Also, any submission of User Content shall constitute an assignment to SYMPLACT LTD of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such User Content.

Furthermore, you state and warrant that you have the full legal right, power and authority to grant us the rights and license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity.

Additionally, you grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.

All User Content will be treated as non-confidential and non-proprietary. You agree that we are not obligated to maintain any User Content in confidence, or to respond to any of your or any other user’s User Content.

 

Subscribing to Forum Discussions. By subscribing to a forum or a forum discussion, among other things, you are opting in to receive email notifications about the forum or forum discussion you subscribed to. You may at any time opt out of such a subscription.

 

Registration, checkout, user accounts. You may be given the opportunity to register via an online registration form or via a checkout form to create a user account ("Your Account") that may allow you to receive information from us and/or to participate in certain features on the Website, including but not limited to purchasing products and services or participating in forum discussions, timeline posting and private messaging. Should you choose to register and/or checkout, you agree to provide registration information ("Registration Information") and/or checkout information, and represent and warrant that such Registration Information and/or checkout information is current, true, complete and accurate to the best of your knowledge. Furthermore, you agree to and are responsible for maintaining and, whenever necessary, promptly updating the information on Your Account and Your Profile so that it remains current, true, complete and accurate. Registration Information, user account information (also including profile information) and checkout information will be subject to our Privacy Policy. If you provide any Registration Information, user account information (also including profile information) and/or checkout information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your Registration Information, user account information (also including profile information) and/or checkout information is untrue, inaccurate, or incomplete, then we may, in our sole discretion, suspend, terminate, or refuse future access to the Website. You are responsible for maintaining the secrecy and security of any personal or user account information. You are responsible and liable for any conduct on the Website under Your Account. We are not responsible for any unauthorized use of your user account. If you believe there has been unauthorized use of your user account, you must notify us immediately. Only the original authorized account user is permitted to use the password protected user account. You agree you will not sell, transfer, license or assign your account, username, display name, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, SymplAct LTD prohibits the creation of user accounts for anyone other than yourself. You can have a maximum number of three active logins on one user account. If anyone loans or discloses your email address and password or otherwise knowingly or unknowingly allows unauthorized access to the account, the original authorized account user shall be responsible for and will be billed for any and all purchases an unauthorized user makes on the Website. The original authorized account user shall be responsible for any activity that occurs through their account.

 

Privacy: Processing of personal data necessary for the performance of Membership purchase contracts. We currently need to use certain services which (may) process personal data to be able to provide our customers with certain membership features. We currently use VdoCipher to provide members with piracy-protected video content (with dynamic watermarks, download encryption etc.). We currently use Google Maps to provide members with geolocation-related membership features (such as filtering by and submitting geolocation-related profile information).

For more information about the privacy practices regarding these services, please refer to our Privacy Policy.

 

Purchasing products and services from the Website. We take reasonable precautions to try to ensure that any prices quoted on the Website are correct, and to describe the items available on the Website as accurately as possible. However, when ordering products or services featured on the Website, please note that we do not warrant that product and service descriptions are accurate, complete, reliable, current, or error-free. If a product or service described on the Website is not as described when you receive or use it, you should contact us via gro.t1624234843calpm1624234843ys@tr1624234843oppus1624234843.

 

Subscription products. By purchasing a subscription product, you agree to pay a recurring (monthly or yearly) fee as long as your subscription remains active. The term "monthly" refers to a subscription period of one calendar month. The term "yearly" refers to a subscription period of one calendar year. Payments are always due upfront for the respective subscription period. If you cancel a subscription prior to the end of a subscription period you have already been charged for, your subscription will remain active until the end of that subscription period. Recurring payments for subscription products may be automatically processed by our payment processors. The dates on which subsequent subscription payments are due will be calculated based on the date on which the first payment for the respective subscription was due. For example, if you purchase a monthly subscription on February 1st, and your first monthly payment is due immediately upon starting the subscription, your second monthly payment will be due on March 1st of the same year. The first payment for a subscription is always due immediately unless there is an agreement for that subscription to have an initial free trial period. You may be granted an initial free trial period for your subscription only if expressly stated. If you are granted an initial free trial period, your first payment will be due once your free trial period is over, only if your subscription is still active at that time. In case a payment for any of your subscriptions fails, the respective subscription may be put on hold, and there may be attempts of automatic payment retries by our payment processors. If you fail to make a successful payment for a subscription product within 14 days from the date on which payment was due, we reserve the right to cancel the respective subscription.

 

Definition of LIFETIME. LIFETIME is for 150 years or the lifetime of the service, whichever comes first. If for any reason SYMPLACT LTD should dissolve or cease to exist, then your access rights to SYMPLACT LTD´s services terminates and all your LIFETIME memberships terminate. Moreover, if for any reason we should discontinue any of our services (e.g. the SymplAction Program, the SymplAction Reminders, the SymplAction Community Group and Forums), then your access to the services that have been discontinued terminates and any access rights from LIFETIME memberships for these services terminate.

 

Definition of PRESALE. PRESALE means that you are buying a product which is either not yet available or not yet fully available. Products sold on PRESALE are still in development and may be released and thereby made available little by little.

 

Terms and Conditions of Purchase for the "SymplActive LIFETIME Membership – Special Launch Offer". By purchasing this Membership, you are purchasing LIFETIME access to the SymplActive Program on PRESALE, LIFETIME access to the SymplActive Recipes on PRESALE, and LIFETIME access to the SymplActive Community Group and Forums on PRESALE.

You understand that the SymplActive Program and the SymplActive Recipes may both be considered works in progress which may be continuously improved and updated. Nevertheless, both the SymplActive Program and the SymplActive Recipes are items sold by SymplAct LTD.

 

Refund Policy for the "SymplActive LIFETIME Membership – Special Launch Offer". There are no refunds for the purchase of "SymplActive LIFETIME Membership – Special Launch Offer".

We are not liable for any refund amount due to technical problems on your end, including but not limited to problems due to internet connectivity.

 

Terms and Conditions of Purchase for the "SymplAction LIFETIME Membership – Special Launch Offer". By purchasing this Membership, you are purchasing LIFETIME access to the SymplAction Program, LIFETIME access to the SymplAction Reminders, and LIFETIME access to the SymplAction Community Group and Forums.

You understand that the SymplAction Program and the SymplAction Reminders may both be considered works in progress which may be continuously improved and updated. Nevertheless, both the SymplAction Program and the SymplAction Reminders are items sold by SymplAct LTD.

 

Refund Policy for the "SymplAction LIFETIME Membership – Special Launch Offer". There are no refunds for the purchase of "SymplAction LIFETIME Membership – Special Launch Offer".

We are not liable for any refund amount due to technical problems on your end, including but not limited to problems due to internet connectivity.

 

Terms and Conditions of Purchase for Coaching Calls. By purchasing a Coaching Call, you are purchasing a single One-on-One Coaching Call with Patrick Todorov which is scheduled for a specified date and fixed period of time. Moreover, by submitting a (purchase) request for a Coaching Call in connection with a specified date and fixed period of time for an appointment for the Coaching Call, you are submitting a purchase order for a single One-on-One Coaching Call with Patrick Todorov which is to be scheduled for the specified date and fixed period of time, should the purchase order be accepted by us.

Scheduled appointments for Coaching Calls are final. Coaching Calls can be scheduled for periods of 40 minutes, for which start and end times are defined. You may have the option to purchase (or submit a purchase request for) an extension of the fixed period of time for which a Coaching Call is scheduled (or to be scheduled) in addition to purchasing (or submitting a purchase request for) a Coaching Call.

 

Cancellation, Rescheduling and Refund Policy for Coaching Calls. The purchase of a Coaching Call can be cancelled and fully refunded up to 72 hours before the beginning of the scheduled appointment for the Coaching Call. Alternatively, you can also request to reschedule the Coaching Call up to 72 hours before the beginning of the scheduled appointment for the Coaching Call. The purchase of a Coaching Call will not be refunded if it is cancelled within 72 hours of the beginning of the scheduled appointment for the Coaching Call. The purchase of a Coaching Call will also not be refunded in cases of non-attendance. Moreover, we do not offer any refunds for your late attendance and the associated decrease in duration of a Coaching Call, as you are purchasing a Coaching Call which is scheduled for a specified fixed period of time.

Refunds are generally issued using the original payment method(s). If one Gift Card or multiple Gift Cards were used to make a purchase, the "Refund Policy for purchases which were financed with one Gift Card or multiple Gift Cards" applies. Furthermore, if Account Funds were used to make a purchase, the "Refund Policy for purchases which were financed with Account Funds" applies.

You can cancel the purchase of a Coaching call at "https://members.symplact.org/my-account/appointments/" while logged in. To reschedule or request a refund, contact us via gro.t1624234843calpm1624234843ys@tr1624234843oppus1624234843. Customers ineligible for a refund may be granted a refund or a partial refund in our sole discretion.

We are not liable for any refund amount due to technical problems on your end, including but not limited to problems due to internet connectivity.

Abuse of the Cancellation, Rescheduling and Refund Policy will not be tolerated. All customers are entitled to TWO reschedulings and ONE refundable cancellation of their Coaching Call, and we reserve the right to refuse any further reschedulings and/or cancellations that take place until that same customer attends a Coaching Call. Any additional reschedulings and/or cancellations that take place until that same customer attends a Coaching Call will be examined on a case by case basis.

 

 

Terms and Conditions of Purchase for Gift Cards. By purchasing a Gift Card, you are purchasing a digital gift card code which is redeemable on the purchase of any of the products in our shop for up to the value on the gift card code. Gift Cards expire after 5 years from the date of purchase. Digital gift card codes are valid for and expire after 5 years from the date of purchase of the associated Gift Card.

 

Refund Policy for Gift Cards. There are no refunds for the purchase of Gift Cards.

We are not liable for any refund amount due to technical problems on your end, including but not limited to problems due to internet connectivity.

 

Refund Policy for purchases which were financed with one Gift Card or multiple Gift Cards. In the case of a refund for a purchase which was financed with one Gift Card or with multiple Gift Cards, the purchase amount for the refunded product/products ("full refund amount") will be reimbursed with the issuing of Account Funds to cover the amount of the purchase price which was financed with one Gift Card or with multiple Gift Cards, and additionally, if that amount does not cover the full refund amount, with a return payment, (generally) using the other original payment method, to cover the remaining amount to complete the full refund amount.

 

 

Terms and Conditions of Purchase for Account Funds ["Account Funds – Account Funds Deposit (My Account)"]. By purchasing Account Funds, you are purchasing credits on your account which are redeemable on the purchase of any of the products in our shop through your account for up to the value of your Account Funds.

 

Refund Policy for Account Funds. There are no refunds for the purchase of Account Funds.

We are not liable for any refund amount due to technical problems on your end, including but not limited to problems due to internet connectivity.

 

Refund Policy for purchases which were financed with Account Funds. In the case of a refund for a purchase which was financed with Account Funds, the purchase amount for the refunded product/products ("full refund amount") will be reimbursed with the issuing of Account Funds to cover the amount of the purchase price which was financed with Account Funds, and additionally, if that amount does not cover the full refund amount, with a return payment, (generally) using the other original payment method, to cover the remaining amount to complete the full refund amount.

 

 

Terms and Conditions of Purchase for Single Contributions and Monthly Contributions. By purchasing a Single Contribution, you are essentially giving us a tip or monetary gift. By purchasing a subscription for Monthly Contributions, you are subscribing to essentially giving us a monthly tip or monthly monetary gift (with the option to cancel anytime). You will not receive anything in return for your Single Contribution(s) or Monthly Contribution(s), and you acknowledge that your Single Contribution(s) or Monthly Contribution(s) is/are not tax deductible, as SYMPLACT LTD is a for-profit business.

 

Refund Policy for Single Contributions and Monthly Contributions. There are no refunds for the purchase of Single Contributions and/or Monthly Contributions.

We are not liable for any refund amount due to technical problems on your end, including but not limited to problems due to internet connectivity.

 

 

Privacy. We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only will use any information collected from you. Your visit to and use of the Website and any purchases made on the Website are subject to our Privacy Policy (please read it) which is hereby incorporated by reference herein (https://symplact.org/privacy-policy/). You acknowledge and agree that our Privacy Policy applies to our collection and use of data from you.

 

Links to third-party websites. The Website may contain links to other websites which are independent from SYMPLACT LTD. These links are provided for your convenience. We are not responsible for, including but not limited to, the privacy practices of, information contained on, or products and services provided or sold on any of those websites which are independent from us and we may have linked to. You access any third-party website at solely your own risk. We check third-party websites we link to for their legitimacy and compliance with all applicable legislation at the time we publish any such link. We didn´t identify any violation of law on any third-party sites we may link to on the Website at the time of said check and publication of third-party links. We cannot provide permanently ongoing checks of all third-party websites which symplact.org has linked to, and it would be unreasonable to expect us to do so. Should we be alerted to check for specific reference points for violation of law, we will of course do so. Should we find out about any violation of law on any third-party website we may have linked to on symplact.org, we will immediately delete any links from symplact.org to that website.

 

Enforcement of Rules and Policies. We may investigate any complaints or reported violations of our policies and take any appropriate action that we, in our sole discretion, deem appropriate. Such action may include, but is not limited to, issuing suspension or termination of your access to and permission to use the Website and/or our Content, or issuing warnings.  You agree that we shall not be liable to you or any third party for any termination of your access to the Website, and you agree not to attempt to use the Website after said termination.  We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials or other third parties.

In order to protect our rights, property, personal safety, and those rights, property and the personal safety of our users and viewers, and to ensure the integrity and operation of our business and systems, we may choose to cooperate with any law enforcement request for information or documents, any administrative, civil or criminal subpoena, or any court order, and we may disclose your information, including but not limited to user profile information (i.e. name, e-mail address, etc.), IP addressing traffic information, and usage history regarding a user in connection with such circumstances.

 

Governing Law, Jurisdiction and General Legal. These Terms and Conditions of Service shall be governed by and constructed in accordance with the laws of the Republic of Bulgaria without regard to any conflicts of laws principles.

For all disputes arising out of or relating to this agreement, your access or use of the Website, or your purchase or use of any of our Content, you hereby expressly and irrevocably consent to the exclusive jurisdiction of the courts of the Republic of Bulgaria, specifically those in Varna, waiving any objection to the venue, jurisdiction and convenience of such courts, and to the use of Bulgarian Law in any dispute in said courts.

The Website is controlled and operated by us, SYMPLACT LTD, from our office which is located at "Wilna zona trakata, ul. 28-ma no. 16" in Varna, Bulgaria and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than those/that of the Republic of Bulgaria.

We do not represent or warrant that our Content, the Website, or any aspect thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Website do so at their own risk and are responsible for complying with local laws. We may, in our sole discretion, limit the availability of our Content or the Website to any person, geographic area, or jurisdiction we choose, at any time.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

If litigation occurs relating to your access to and/or use of the Website and/or your access to, use of, and/or purchase of our Content, you agree that the prevailing party will be entitled to recover reasonable costs and expenses it incurred, including court and attorneys’ fees, costs, and expenses of any kind. To the extent there is any question as to which party is the "prevailing party", the court will resolve the issue as permitted under applicable rules and laws and issue a court order pertaining to such finding.

 

SALVATORY CLAUSE. Should any provision of this agreement be invalid or unenforceable under applicable law, this shall not affect the validity and enforceability of any remaining provisions, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. If any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances. Our delay or failure to enforce any provision of these Terms or respond to a breach by you or others shall not constitute a waiver of our right to enforce any provision of these Terms as to that breach or any other.

 

OUR BANKING DETAILS:

Bank: ProCredit Bank (Bulgaria) EAD

IBAN: BG18PRCB92301051007001

SWIFT/BIC: PRCBBGSF

Account Holder: СИМПЛАКТ ЕООД (or: SYMPLACT EOOD)

 

Last updated on March 2, 2021.