§ 1 General provisions
- These regulations (hereinafter: „Regulations”) define the general terms and conditions of purchasing, performing and termination of the license agreement on Mathmico Application (hereinafter: ”Application”) sold and available through the Application’s website www.mathmico.com (hereinafter: ”Application’s website”).
- The Application owner is Gdanskie Wydawnictwo Oswiatowe M. Dobrowolska spolka jawna (Educational Publishing House of Gdansk M.Dobrowolska registered partnership) with its registered office in Gdansk (address: Grunwaldzka 411, post code: 80-309 Gdansk, Poland) and registration number: 80508 (hereinafter: “GWO”).
- The Application’s website owner is Yellow Dot spolka z ograniczona odpowiedzialnoscia spolka komandytowa (Yellow Dot limited partnership) with its registered office in Gdansk (address: Grunwaldzka 411, post code: 80-309 Gdansk, Poland) and registration number 304205 (hereinafter: “YDot”).
- The Regulations are available in a way that allows to store, reproduce and print.
- The User shall become acquainted with the Regulations before using the Application.
- It is forbidden to send and store by the Application’s website the content of an unlawful, abusive, liable to mislead and content containing viruses or likely to cause disruption of electronic systems.
§ 2 Subject matter of the Regulations
- The Regulations governs:
Amendments of the Regulations shall be without effect on the conditions of Application license ordered and paid before the entry into force of the aforementioned amendments.
- purchasing procedure,
- terms of Application license,
- complaints procedure.
§ 3 Definitions
Definitions used in the Regulations:
- Regulations: this Rules and regulations.
- Newsletter: free-of-charge service that enables Users to receive on an e-mail address advice, articles and other information considering the goods and services of GWO and YDot.
- Application: payable interactive multimedia computer program that is owned by GWO and offered to sell according to a payable, non-exclusive license.
- Application’s website: www.mathmico.com that is GWO’s property.
- Resources: all content and materials available through the Application’s website.
- User: a person using Application offered to sell and available through the Application’s website according to the Regulations.
- Account: an account opened by the User according to §5 of the Regulations, protected by User’s login and password.
- Device: computer or another device connected to the Internet with software specified in §4 of the Regulations.
- Package license: package of Application licenses bought by legal entities (e.g. schools). Buyers of Package license may grant passwords to the Applications to the third parties (e.g. students) who have to accept the Regulations and who become Users.
- PayPal: one of the methods of payment for goods and services offered by GWO and YDot according to the terms and conditions of electronic payments service (available at www.paypal.com).
§ 4 Technical requirements
- In order to use the Application the User should have access to the Device that meets technical requirements described on the Application website “Technical requirements” (or similar), open an individual Account of the User and fulfill the conditions described in the Regulations.
- In order to open the Account the User should have access to an individual, active e-mail account.
- The User shall bear all costs of means of remote communication (Internet, SMS, phone costs-according to price lists of providers) used to connect with the Application’s website and to use the Application.
- The Application’s website might install “cookies” files on the User’s Device. It might be necessary to express a consent to receive such files in order to obtain the access to all Application’s functionalities.
- GWO and YDot shall use all reasonable endeavours to make the Application accessible to the Users of all common Internet search engines, operating systems, types of Devices and types of Internet connections, although they can not guarantee that the Application is compatible with all possible types of systems, Devices and Internet connections. GWO and Ydot recommend the User to check the Application’s compatibility by using the trial version of the Application (“Trial version” or similar) before payment for the Application.
§ 5 Registration procedure
- The User shall choose an individual login and password that are necessary to open the Account.
- GWO determines the minimal amount of signs that the password and login consist of.
- The User shall express his consent to the Regulations in order to open the Account.
§ 6 Purchase procedure
- Placing an order:
- The User orders Application by filling the proper order form, subject to letter b.
- Package licenses are ordered by e-mail or by fax indicated in the Application’s website.
- The User might place an unlimited amount of orders, but not more than 500.
- After filling and sending the order the User shall receive an e-mail confirmation of placing the order.
- The confirmation of placing the order for Application will be send on the User’s e-mail address indicated on the User’s Account.
- The confirmation of placing the order shall include:
- address data of GWO and the User,
- order number (given by GWO),
- price (including discounts and taxes),
- payment terms or confirmation of payment,
- in certain cases-requirements of opening the Application and period of Application’s availability,
- in terms of contracts concluded with the User who is a consumer-a notice about the right to withdraw the contract in 10 days (subject to exceptions included below in the Regulations),
- information on complaint procedure.
Term and form of payment.
- Prices for the Application license and current discounts are included in the Application’s website, subject to letter f below.
- The price is defined in a currency indicated in the Application’s website.
- Prices include VAT (gross price).
- The orders placed before the change of a price list or an offer shall be fulfilled according to previous conditions.
- The discounts do not sum up.
- Unless there is a price for Package license specified in the Application’s website, the price shall be determined according to an individual offer placed by GWO which depends on the amount of ordered licenses.
Conclusion of a license agreement on Application.
- GWO gives Users access to various payment forms (e.g. bank transfer, electronic payments, credit cards) and the current information is included in the order form.
- The User shall choose a payment form and the way of activation of the Application by marking the proper check-box in an order form.
- After payment the User shall receive the confirmation of making the Application available.
- The terms and conditions of payment by PayPal are defined in the User Agreement for PayPal Service (available at www.paypal.com).
The order cancelling.
- The license agreement on Application is concluded between GWO and the User upon the payment receipt by GWO.
- Regardless of the point letter a above, the license term shall start upon first opening of the Application in a start panel.
The order which is not paid during 14 days from placing the order (or during the different specified term) shall be cancelled and is not binding for the parties.
The invoice shall be sent to the address of the User or e-mail defined on the User’s Account.
§ 7 License agreement
- The license term is specified in the Application’s website.
- The duration time of the purchased license starts from the moment when access to the Application has been activated.
- The right to activate the Application license expires within 3 years from the date that the Application license was bought.
- The Application license granted by GWO includes the User’s right to non–exclusive, temporary access to the Application while at the same time the User is entitled to access the Application only from one Device.
- In case the Applications are bought within one order for more than one User (Package licenses), the purchaser shall be entitled to use as many Applications at the same time as he ordered within one license. The purchaser might transfer his Application licenses to third persons who shall accept the Regulations in order to use the Application. The Application that is activated can not be activated again by other person.
§ 8 Application license terms and conditions
- [Scope of license] The User is entitled to use the Application only for learning, private and non-commercial purposes, subject to provisions of §8 point 2 and 3. The licenses for students do not entitle to public projection of the Applications.
- [Scope of school/teachers license] The User who bought the Application license for school or teachers has the right to use the Application during school lessons (including projecting the Application during school lessons) and during private lessons, subject to point 3 below.
- [Scope of Package license] The Users (students) who gain access to Application based on Package license (according to §7 point 5) have the right to use the Application only in the scope specified in point 1.
- The Application license does not include rights to:
- permanent or temporary copying the Application in whole or in parts by any means or in any form, except for cases when it is necessary to use the Application according to the Regulations,
- making the Application available to third persons by disclosure of the login and password,
- recording and copying of the Application on IT carriers,
- translating, adapting, configuration changing or introducing any changes to the Application code,
- attempts to remove or brake the technical protection against unlawful copying or release of the Application,
- release, sell, lend or lease (also via the Internet) the exercises and other resources (including graphics, photos and text),
- printing the Application’s resources in whole or in parts (including graphics, photos and text) except for printing for the User’s private purposes.
- In cases of breaching the terms and conditions of the Application license, particularly attempts to gain the access to the Application from more than one Device at the same moment, GWO has the right to block the Application temporary (upon the case is explained).
- In cases of repetitive breaching the terms and conditions of the Application license, GWO has the right to terminate the license and to cease performing of the Service. Before the license termination, GWO shall call the User to stop infringements.
- Provisions of this Regulations shall not exclude legal actions against persons who breach terms and conditions of the Application license.
- The provisions of this paragraph shall apply to payable, as well as to free-of-charge Application license.
§ 9 Termination of the Application license
- The Application license expires upon the term that the Application was bought for.
- The User has the right to terminate the Application license without notice in the event of non-performance or improper performance of the license agreement, according to the general legal provisions. The User shall call GWO to perform the Service properly under pain of termination. In case of effective termination the User is entitled to reimbursement of the price in proportion to the remaining expiry term. The reimbursement shall be made in 14 days from the day that the GWO receives the termination notice to a proper account.
- Parties might send their notice by e-mail.
§ 10 Right of withdrawal
- The User who is a consumer according to the Directive 97/7/EC of The European Parliament and of The Council of 20 May 1997 on the protection of consumers in respect of distance contracts and who bought the Application license through the Application’s website, has the right to withdraw from the contract without penalty and without giving any reason by sending a statement within 10 days of the date of receiving the confirmation of placing the order, subject to point 3 below.
- A withdrawal statement shall be send to YDot by e-mail on e-mail address: email@example.com or by fax on fax number +48 58 764 6135.
- The User may not exercise the right of withdrawal if the provision of services has begun, with the User’s agreement, before the end of the ten days period.
- Where the right of withdrawal has been exercised by the User GWO shall reimburse the sums paid (together with due interest) by the User in 14 days on a bank account used by the User to pay for the Application license.
§ 11 Complaints
- The User has the right to file through the Application’s website a complaint in respect of the license agreement performed by the GWO.
- All complaints shall be filed through the contact form available in the Application’s website.
- The User might make complaints about improper performance of the Service by GWO.
- GWO shall not be liable for any problems following from:
- infringement of this Regulations by the User,
- making available the login and password for third parties by the User,
- improper hardware or software configuration of the User’s Device.
- The complaint shall include the User’s data (name, surname and address) together with e-mail address and reservations.
- GWO considers complaints immediately, in order of reception, but not later than within 14 days from the day of making a complaint. In case the complaint can not be considered in 14 days, GWO shall notice the User on reasons of delay and expected time of considering.
- In the event that the complaint regarding the quality of the Application has been accepted, GWO might grant to the User an additional time for access to the Application, equal to the period of time when the Application did not work properly.
- To the extent specified in general legal provisions, the YDot’s or GWO’s liability for damages resulting from improper fulfillment of the service is limited to the actual damage and amount of the license fee which has been paid by the User. The above limitation is not applicable to damages due to intentional fault of the YDot’s nor the GWO.
- The above provisions apply without prejudice to consumer rights according to general legal provisions.
§ 12 Newsletter
- During the registration in the Application’s website the User might express a consent to receive newsletter on his e-mail address. The newsletter is commercial information on goods, services and news connected with GWO’s and YDot’s activity.
- The User consents to receive the newsletter by marking a proper check-box in registration form.
- The newsletter is a free-of-charge service and it is send via e-mail.
- The registered User might resign from receiving the newsletter by filling the proper form on his Account. It is also possible to resign from the newsletter by using a hyperlink that is published at the end of every newsletter.
- The User who did not consent to receive the newsletter during the registration in the Application’s website has the ability to order this service later by marking a proper check-box in a form available on the User’s Account.
§ 13 Intellectual property
- The copyrights to the Resources in the Application’s website (as well as the layout, texts, graphic design and database available through the Application’s website) are owned by GWO or by the third parties that the GWO concluded proper contracts with.
- The copyrights are covered by legal copyright protection and any person infringing these copyrights shall be liable under the Polish Copyright and Related Rights Act of 4 February, 1994 (consolidated text: Journal of Laws of 2006 No. 90, item 631, as amended) as well as under proper international regulations (e.g. the Berne Convention for the Protection of Literary and Artistic Works or the WIPO Copyright Treaty).
- It is forbidden to reproduce, duplicate, copy, sell, resell or otherwise exploit the Application (in whole or in part) for any purpose without prior express written consent of GWO, subject to fair use according to generally applicable provisions.
- It is forbidden to use the Application’s website for a commercial purpose or making the Resources accessible free-of-charge in the Internet without prior express written consent of GWO.
- It is forbidden to download the database available in the Application’s website and to re-use it in whole or in part.
- Every case of infringement of the GWO’s or YDot’s copyrights shall institute legal action against the User according to generally applicable provisions.
§ 14 Final provisions
- The User is bound by the Regulations that were accepted during registration in the Application’s website. In case the Regulations are amended, the User shall by bound by the Regulations that are accepted during the first log-in the Service after the amendments come into force, subject to point 2.
- In case the User does not consent to amendments of the Regulations, the User has the
right to withdraw the contract concluded with GWO by providing a notice period of 14 days from the date of notification of amendments.
- In matters not governed by this Regulations the laws of Poland and in particular the
provisions of the Civil Code and the Copyright and Related Rights Act of 4 February, 1994 will apply, without prejudice to provisions applicable according to Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) and to Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 June 2007 on the law applicable to non-contractual obligations (Rome II).
§ 1 General provisions
- YDot is an administrator of personal data of Users collected in connection with purchasing goods and services through the Application’s website.
- YDot might transfer Users’ personal data to PayU S.A. in Poznan (Poland) to the extend and time necessary to complete payment for services bought through the Application’s website.
- YDot might transfer Users’ personal data to GWO to the extend and time necessary to perform license agreement on Application bought through the Application’s website.
- Personal data of the User is processed according to Polish and European safety regulations.
§ 2 Technical safety measures
YDot and GWO prevents unlawful acquiring and modifying of Users’ personal data by complying with the rules specified below:
- data flow between YDot’s IT system, GWO’s IT system and Internet is controlled by specialist computer systems;
- the User’s password consists of at least 6 marks;
- User’s data is protected by specialized cryptographic systems.
§ 3 User’s right in terms of personal data processing
- Application’s website requires actual and current personal data indicated in the filling form.
- User’s personal data provided during registration in the Application’s website and ordering the Application is processed by YDot in order to fulfill the service and payment procedure properly, to archive data, and in terms of promotion and advertisement of GWO’s or YDot’s products and services.
- The User shall express his consent to personal data processing by marking a proper check-box in a registration form.
- The User has the right to check and to correct personal data (also through the User’s personal Account in the Application’s website).
APPENDIX no 2 - Information on threats concerning electronic services
- GWO and YDot do not warrant that the Application’s website or Application will be uninterrupted or error free or the server that makes them available are free of viruses or bugs. The User acknowledges that it is his responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks).
- The User is responsible for ensuring that his computer system meets all relevant technical specifications necessary to use the Application’s website and the Application and that they are compatible with the Application. GWO and YDot do not guarantee or warrant that any material available through the Application’s website will be free from infection, viruses and/or other code that has contaminating or destructive properties.
- Users who buy services by PayPal shall particularly protect information on numbers of credit cards and accounts from disclosure.
APPENDIX no 3 - e-GWO Group Statistics
- “e-GWO Group Statistics” (hereinafter: “Statistics”) is an additional, free-of-charge functionality available through the Application that enables the specific User (teacher or legal guardian) to acquire information on results achieved by Users (students) who are registered in Statistics and to send them messages.
- The Statistics is not a formal documentation of the course of teaching according to general legal provisions.
- The Statistics is activated automatically for the Accounts that are based on teacher and Package licenses. Students who acquired the access to the Applications based on teacher or Package license will be presented in the same Statistics. The Statistics is managed by the User who is a disposer of a teacher or Package license. This User (who is a teacher) receives the information on results and frequency of using the Application by Users (students). The user (student) whose Account is associated with the Statistics has the ability to check through his own Account the date of the latest check of his results by the teacher and to receive messages send by the teacher.
- The access to data accessible through the Statistics is limited by the term of the license granted to the User (student) associated with the Statistics.
- The person who acquired an access to the Application within the teacher or Package license shall accept the Regulations before activation of the Application. The acceptance of the Regulations and consent to processing personal data by the YDot are necessary to activate the Application.
- The teacher shall inform students and their legal guardians on using the Statistics. Data concerning the student shall be used only for statistical purposes (to compare results and educational progress of a student and class). Using data from the Statistics in order to decide finally about the results of educational development of a student depends on arrangements between the teacher and the student.
- The teacher shall protect personal data of a student and his results from unlawful access of third persons. Particularly the teacher should not make above data available to third persons, neither by giving access to his login and password. In case the teacher uses the Application in places where it is possible to gain access to above data by third persons, the teacher shall logout from the Application every time he stops using it.
- In case the student’s Account is established without consent of a legal guardian, GWO has the right to switch off the Statistics without withdrawing the Application license on demand of the legal guardian.
- The Statistics can be established also by users of student licenses. The Statistics for a student license is activated by the User who grants another User (e.g. parents) an access to the User’s account, information on results and the right to send him messages. The Account owner has the right to verify when the observer checked the results for the last time. The provisions of point 2-8 above apply accordingly.
- GWO is not liable for unlawful using of the Statistics by the User.
- GWO has the right to withdraw the Statistics license without prior notice and without prejudice to the Application license in case the User takes the advantage of the Statistics against the Regulations. Before withdrawal GWO shall call the User to stop the infringements.
- GWO is not processing personal data revealed in the Statistics. The frequency of using the Application and results can be used by GWO for statistic purposes.