EBDFA Terms and Policy
Effective date: 1st of January 2023
2. Use of Site and Services
2.1 Representations. When you use the Services, you represent that: (i) the information you submit to the Services is truthful and accurate; and (ii) you are of sufficient legal age and have legal capacity to legally enter into these Terms. You must be 18 years or older to use any part of the Services. Subscriptions, purchases or registrations by minors must be done by parent or legal guardian on minor’s behalf.
2.2 Account Registration. For certain aspects of the Site, you may be asked to register an account. This account is personal to you and you may not under any circumstances share it or allow any other person to utilize your account. You may never use another’s account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. EBDF will not be liable for any loss that may incur as a result of someone else using your password or account, either with or without your knowledge. You agree to immediately notify EBDF in the event that your registration information changes, or you learn of or have reason to suspect any unauthorized use of your account or any other breach of security. EBDF may refuse to grant a particular username to you for any reason.
2.3 Rights to Restrict, Revoke or Terminate Access. EBDF reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the Site or to terminate the user account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms, or of any applicable law or regulation.
2.4 Access to Site and Services. While EBDF endeavours to ensure that this Site and its Services are available at all times, EBDF will not be liable if, for any reason, this Site is unavailable at any time or for any period.
Our Site may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any compensation related to such Service Interruptions. We do not offer a service level or uptime guarantee with our Sites and Services.
You may also experience interruptions or issues in accessing our Services for various reasons, including a poor Wi-Fi connection or your mobile carrier’s data and usage plan. You acknowledge that the availability of our Services is dependent on your Internet Service Provider (“ISP”), your mobile carrier, and your mobile device. You are responsible for ensuring you comply with your ISP’s and mobile carrier’s applicable terms and agreements, including any data and usage terms.
3. Prohibited Uses of Site and Services.
4. Intellectual Property and Trademarks.
All information, including, without limitation, all text, design, graphics, drawings, photographs, advertisements, video clips, music and sounds, white papers, frameworks, and all trade-marks, service marks and trade names and the selection and arrangements thereof (collectively, “EBDF Content”) is, unless otherwise noted, subject to intellectual property rights including copyrights and trademarks held by or licensed by EBDF. Except as expressly provided in the Agreements, no license to use, copy, distribute, republish, transmit or otherwise exploit any EBDF Content is given to you and all intellectual property rights in and to the EBDF Content are expressly reserved to EBDF. Nothing on this Site should be construed as granting, by implication, waiver, estoppel, or otherwise, any license or right to use any EBDF trademark or EBDF Content without our written permission. Neither the name of EBDF nor our logo may be used in any way, without prior written permission. You may download or copy the EBDF Content and other downloadable items displayed on the Site for personal use only, provided that you maintain all copyright and other notices contained therein. The trademarks, logos, designs and Services names, which are appearing on the Site, are the registered trademarks of EBDF. While browsing our Site, you must agree that you will never use any of these trademarks for advertising, promotion, and other purposes. Further, other trademarks – which are not owned by us but still appearing on our Site and Services – are the properties of other companies, who may or may not be associated/affiliated/connected with EBDF. You are barred from reproducing any of these trademarks.
5. User Generated Content.
Includes any content such as communications, information, messages, feedbacks, testimonials, photographs, music, videos, designs, graphics, website links, data, profiles that you and/or other users post or otherwise make available through EBDF member community chat rooms or via social media forums on or through the Site, except to the extent that such content is owned by or licensed to us (collectively, “Submitted Content”). You agree to use common sense, respect for others, and good judgment when conducting or posting any online communication or distribution of information. You are solely responsible for your Submitted Content. By posting Submitted Content, you expressly represent and warrant the following: (i) you are the owner, with all appurtenant rights thereto, of any and all Submitted Content; or (ii) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sub-licensable, non-exclusive license to use, distribute, reproduce, and distribute Submitted Content. You further represent and warrant that all persons and entities connected with the Submitted Content, and all other persons and entities whose names, voices, photographs, likenesses, works, services, and materials have been used in the Submitted Content or its exploitation, have authorized the use of their names, voices, photographs, likenesses, performances, and biographical data in connection with the advertising, promotion, trade and other exploitation of the Submitted Content and the rights granted herein. (iii)agree not to post Submitted Content or take any action that creates liability for us in any manner whatsoever; violates or possibly causes us to violate any applicable law, statute, ordinance or regulation or encourages criminal conduct; scans or tests the vulnerability or security of our Services or the system within which it operates or involves the upload, or insertion of, any programming language or code into or onto, our Services; contains any information (such as insider, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty, or operation of law; or that infringes any third party's intellectual property rights including but not limited to copyright, patent or trademark right; advertises the products or services of others or contains links to third-party web sites or solicits business for products or services without prior written consent by EBDFA.
EBDF is not a publisher of Submitted Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your Submitted Content.
6. Self-Paced Training Course Subscriptions.
6.1 Period of Use. The term of each Self-Paced Training Subscriptions starts upon payment of subscription is successful and ends after 12 months even if user is in the process of taking a course but has not completed it and is subject to payment of a new subscription fee, otherwise subscription is terminated in accordance with these Terms.
6.2 Accessibility. System performance may vary, depending upon internet connection speed and reliability. EBDF is not responsible for a user’s internet bandwidth (This is the responsibility of the purchaser). Self-Paced Training Subscriptions may be unavailable from time to time due to planned system maintenance.
6.3 Content. Available content is subject to change. Content may be periodically added, revised, or removed (once it is out-of-date). Users with an active subscription will have access to any new content added during their subscription period. EBDF reserves the right to alter its Self-Paced Training Subscriptions, including making changes to content, content types, delivery systems and platforms, modalities, interfaces, tools, features, functionality, access length to individual assets, access methods, websites, and support.
6.4 Permissions. Self-Paced Training Subscription access is intended for individual use by a licensed user and may not be copied or shared in any way. Each subscription license purchased is valid for one user only and is non-transferable.
7. Exam Vouchers.
All purchases are final and cannot be cancelled or refunded. Vouchers cannot be exchanged, replaced, or used in combination with other offers. Exam appointment must be completed ON or BEFORE the voucher expiration date. Expiration dates may NOT be extended, and vouchers will NOT be replaced if NOT used ON or BEFORE the expiration date expires. Discount Vouchers should NOT be distributed and/or resold.
We offer several levels of membership in EBDF (“Membership”) and these levels may change at our discretion. Any person who: (i) is actively engaged in or interested in EBDF knowledge domains, (ii) meets the membership criteria specified, may be admitted to membership, and (iii) agrees to abide by these Terms and all EBDF policies and to hold EBDF, its officers, directors, examiners, members, employees, agents and those of EBDF’s affiliates and supporting organizations harmless and indemnify EBDF from any complaint, claim or damage arising out of any action or failure by EBDF or any action or omission while occurring where EBDF is carrying out its purpose as provided by EBDF’s Bylaws and applicable law, regulation or court or governmental order. Unless otherwise required under the applicable law, memberships are non-refundable and non-transferable. Membership is for an initial term of 12 months and is subject to payment of a membership fee each year. Following the expiry of the initial Membership term and any subsequent Membership term the Member must renew their Membership by paying the membership fee for the next Membership term, otherwise Membership is terminated in accordance with these Terms.
EBDF may immediately terminate Membership and the member shall not be entitled to any refund of membership fees previously paid in any of the following events: (i) if the member resigns; (ii) if the member does not pay the amount owed to EBDF prior to their membership expiration date; (iii) if the member does not continue to meet the eligibility requirements set forth by EBDF; or (iv) if the member does not continue to abide by these Terms or the EBDF Policies.
9.1 Applicability of Terms to Events. These Terms apply to all EBDF events, including, but not limited to, conferences, in-person training, online training, webinars, and other virtual or in-person events (together, “Events”). To register, you must acknowledge and accept the Terms contained herein. Should you not wish to accept the Terms, you will not be able to register for the Event.
EBDF may also disclose your personal information to third-party service providers engaged by EBDF to assist in the conduct of the Event. Information you provide when registering for or participating in an Event managed or co-sponsored by parties other than or in addition to EBDF may be shared with those parties and the treatment of such information is further subject to the privacy policies of those parties.
9.3 Liability Waiver and Release. In consideration of being allowed to register for, and participate in the event, you hereby warrant and represent that you are age 18 or above and freely waive, release from liability, assume all risks, and covenant not to sue EBDF or its members, employees, directors and officers, agents, or volunteers for any expense, loss, damage, personal injury, including loss of life, illness, disability, property damage, or property theft or actions of any kind that you may hereafter suffer or sustain before, during, or after the event, unless said expense, loss, damage, personal injury, including loss of life, illness, disability, property damage or property theft or actions of any kind is caused by the sole, gross negligence of EBDF. This liability waiver and release is specifically binding upon your heirs and assigns and is knowingly given.
9.4 Event Speakers. If you agree to speak at an EBDF Event, we may share your contact and biographical information with Event attendees. Sometimes we may also request a photograph. In other cases, we post on the respective Event website information such as your name, employer, physical work address, work email address, as well as a link to your company website and/or professional network page available to the public. The Speaker grants EBDF and its affiliates a royalty-free, nonexclusive, non-sublicensable, perpetual, worldwide, revocable right and license to use, reproduce, publish, distribute, and translate for advertising, publicity, and promotional purposes solely in connection with the Event, all or any part of the following items (collectively, “Speaker Items”): (i) Speaker's name, likeness, and biographical information provided to the EBDF by the Speaker; (ii) the Recordings; and (iii) all materials (electronic or hard copy) submitted or presented by the Speaker in connection with the Event proceedings and distribution. EBDF shall have the right to use on its website, social media, newsletters the Speaker’s company logo as “Supporting Partner”, provided use of the logo is limited to the promotion of the Event and the Speaker shall have the right to revoke permission of such use of the logo at any time.
9.5 Photography and Recordings. EBDF may hire professional service providers (E.g., photo, video, streaming or audio) to document and display the Event experience. EBDF may also use social media to post real-time photos and videos to social media feeds. Attendees and sponsors are also encouraged to capture their event experiences and post their own social content from the Event (text, photos, audio, video, streaming), provided it does not infringe upon the rights of any attendee, sponsor, third party, or EBDF. Such infringement would include, but is not limited to, defamation or infringement of intellectual property rights. In the event an attendee requires a release or permission to protect the rights of a third party, obtaining such a release or permission shall be the sole responsibility of the attendee. By attending the Event, you acknowledge and agree as follows: (i) EBDF may edit and use footage it captures at the event for marketing and promotional activities and for any other lawful purpose in the ordinary course of its business; and (ii) due to the prevalence of mobile recording devices in today’s world, EBDF disclaims all liability for the capture of your image in any multimedia format by other attendees at the event.
9.6 Attendee Conduct for Physical Events. You agree to abide by all fire, safety, and health regulations of the local, city, state, hotel, convention centres and health screening vendors where the Event is held. You must comply with all applicable federal, state, and local ordinances, as well as EBDF policies and procedures. You understand and agree that attendees who violate such rules or policies, and/or behave in an unsafe or careless manner while attending the Event may be denied entry and/or asked to leave immediately. You acknowledge that such violations may result in Your removal from the Event and You may be barred from returning without any registration fee refund. Illegal, disruptive or dangerous behaviour that interferes with the Event, or anyone else’s health or safety, is strictly prohibited.
10. Fees and Taxes.
All fees are exclusive of taxes, which we will charge as applicable. When you purchase EBDF Content the price payable is the price indicated at the time of purchase, and you agree to pay all fees specified plus all applicable sales and/or use taxes, GST or VAT that EBDF assesses on your purchase (the "Purchase Price"). Sales or use tax will be calculated based on your billing address. All prices are in United States dollars, unless otherwise stated. We are not able to notify you in advance of changes in applicable taxes. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the EBDF Content until we have successfully charged a valid payment method. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. Please note, your payment method provider may apply a currency conversion rate to the Purchase Price, and/or additional processing fees. EBDF is not responsible for such charges and fees; please contact your payment method provider for further details.
11. Subscriptions and Fee Changes.
One-time purchases for products or services, such as e-books and materials, digital learning materials, cannot be cancelled or refunded, unless there are additional terms for a specific product or service that permit otherwise.
All event registration sales are non-refundable and non-transferable unless otherwise stated by EBDF in a written Cancellation Policy or Registration and Payment Policy for an individual event.
EBDF memberships and self-paced online training subscriptions are non-refundable once purchased. You can cancel your auto-renewal for your subscription-based service at any time, and you will continue to have access to your subscription or a substantially similar subscription through the end of your subscription term. We do not provide refunds or credits for any partial subscription term. To cancel your auto-renewal for your subscription-based service, please contact us. We must receive your written request to cancel your subscription-based service at least fourteen (14) working days before the next subscription term to avoid further charges. Before each renewal, we will send a reminder with the term and rate then in effect. If you do not make changes, we will charge the payment method you selected.
Unless you cancel auto-renewal for your subscription, the subscription-based service will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then-current nonpromotional rate.
We may modify the subscription fees for the subscriptions. Any subscription fee change will become effective at the end of the then-current billing cycle. Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
12. Third-Party Links.
The Site may contain links to third-party websites that are not owned or controlled by EBDF. A description or link to such third-party services does not imply our endorsement of the third-party service.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, EBDF will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve EBDF from any and all liability arising from your use of any third-party website.
To the extent permitted by applicable law, the Site, the Services, the EBDF content, and any other materials or items provided through the site are provided “as is” and “as available,” without warranty or conditions of any kind. By operating the service, EBDF does not represent or imply that we endorse any of the content, materials or items available on or linked to by the website, including without limitation, content hosted on third-party sites, or that we believe the content or any other materials or items to be accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from use of the website or services. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these terms of service. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we and each of our affiliates, advertisers, licensors, suppliers, officers, directors, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the service and your use thereof.
To the extent permitted by applicable law, EBDF makes no warranties or representations about the accuracy, reliability, timeliness or completeness of the website, the Services, the site content, or any other materials or items on the website or linked to by the Site. EBDF assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of the site content, material or items (for clarity, on or off the website), (ii) personal injury, property damage or investment losses of any nature whatsoever, resulting from your access to and use of the website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored on our website or services, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any of the content, materials or items or for any loss or damage of any kind incurred as a result of the use of the website or any of the site content, materials or items) posted, transmitted, or otherwise made available through the website.
You acknowledge that your use of the site is at your sole risk. To the maximum extent permitted by applicable law, EBDF, any other party (whether or not involved in creating, producing, maintaining or delivering the site) and the officers, directors, employees, shareholders, and agents of EBDF exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, gross negligence or otherwise) in connection with the site in any way or in connection with the use, inability to use, or the results of use of the site, unauthorized access to or alteration of your submissions or data, statements or conduct of any third person on the site, any other matter related to this site and any sites linked to the site, or the material on such sites, including but not limited to loss or damage due to viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing the site or your downloading of any material from the site or any stie linked to the site.
You agree that all causes of action arising out of or connected with this site, shall be resolved individually, without resort to any form of class action and that your sole remedy is to cease use of the site. In the event applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall EBDF, its agents or anyone involved in creating or providing this site be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by you for use of the site or EUR 100, whichever is less.
To the extent permitted under applicable law, you will indemnify and hold EBDF, our affiliates, and each of our respective licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of the Site, any content or information available through the Site, or any violation of the Agreements and/or the terms and conditions that are applicable to your use of third-party sites.
16. Governing Law.
Any and all disputes arising hereunder shall be governed by and interpreted in accordance with the laws of the Germany and the laws of the European Union.
17. Claims of Copyright Infringement.
If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by submitting written notification.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by submitting a written notice to us with the following information:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Completed notices should be sent by email to: [email protected]. Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. Any information related to your use of this Site for illegal purposes will be provided to law enforcement authorities. These Terms constitute the entire agreement between the parties relating to the use of this Site and supersedes and replaces any prior agreement and communication between the parties relating thereto.
20. Independent Contractors.
Nothing in these Terms shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
We may assign our rights under these Terms without your approval and with or without notice to you.
22. Entire Agreement.
These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties.