Portal user agreement
This User Agreement (hereinafter referred to as the “Agreement”) regulates the relationship between Mukasieieva Nataliia Serhiivna, an individual entrepreneur, registered in accordance with the requirements of the legislation of Ukraine in the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations on 27/04/2016 under No. 2 404 000 0000 027456, location: 79011, Lviv region, Lviv, str. Tyutyunykiv, building 28, quarter 33, RNOKPP: 2915612880, as the Administration of the “Abacus Arithmetic” Portal (hereinafter – the “Administration“) and any person (natural person, legal person, natural person – entrepreneur, or their employees), who is registered on the “Abacus Arithmetic” Portal (hereinafter – “User“), and defines the rules and conditions of using the “Abacus Arithmetic” Portal.
1. GENERAL PROVISIONS AND DEFINITIONS
1.1 In this Agreement, the following terms are used in the following meaning:
The “Abacus Arithmetic” portal (hereinafter referred to as the “Portal”) is a website located on the Internet at the address: https://abacusarithmetic.com and is designed to organize and support the educational process of the “Mental Arithmetic” course.
“Site” – a website located on the Internet at the address: https://info.abacusarithmetic.com.
Administration – Natural person-entrepreneur Natalia Mukaseeva, who is the owner of the Portal and the Site.
The use of the Portal is a conscious and free expression of the User’s will, which is manifested in the use of the Portal’s functionalities, which are not prohibited by this Agreement.
User – a person who has registered on the Portal by creating a corresponding Account. Users register on the Portal under separate categories (Accounts) determined by the roles they perform, namely: “School”, “Teacher” and “Student”.
User under the “School” account (hereinafter referred to as “School”) is a person (natural person, natural person-entrepreneur or legal entity) who concluded a Public Service Agreement (offer) with the Administration, gained access to the Portal, makes payment to the Administration for use of the Portal and provides Users with the “Student” account personally or through authorized persons with services for teaching the “Mental Arithmetic” course.
The user under the “Teacher” account (hereinafter – “Teacher“) is a natural person who is an authorized person of the School and acts within the limits of the rights granted to him by the School regarding the provision of services for teaching the “Mental Arithmetic” course to Users with the “Student” account.
User under the account “Student” (hereinafter – “Student“) is a natural person who has access to the Portal and receives services for teaching the course “Mental Arithmetic” directly from the School or through its Teacher.
The parties are the Administration and the User.
One of the Parents or the Legal Representative is a natural person who bears the duties established by law regarding the education and support of the Child.
A child is a natural person who has not reached the age of 18, has incomplete or partial legal capacity and is a Student within the meaning of this Agreement.
Account – an account created on the Portal, access to which is implemented using personal access identifiers, namely Login and Password.
Login – e-mail that was used during the creation of the Account and is used to identify and authorize the User on the Portal.
Password – a sequence of characters that is known to the User and is stored on the Portal in encrypted form and is used to identify the User and authorize on the Portal.
Personal data is information or a collection of information about a natural person who is identified or can be specifically identified with the help of such information.
1.2 The user is granted access to the Portal only after completing the registration procedure (creating an Account).
1.3 The user is obliged to fully familiarize himself with this Agreement before registering on the Portal.
1.4 The User’s registration on the Portal confirms that the User has read and expressed full and unconditional agreement with the terms of this Agreement, i.e. accepted it.
1.5 The User, if he does not agree with the terms of this Agreement (in whole or in part), should not register on the Portal or send a request to delete his account (if previously registered) and stop using the Portal, including by visiting it.
1.6 This Agreement may be amended and/or supplemented by the Administration unilaterally without any special notice. Continuation of use of the Portal by the User after making changes and/or additions to this Agreement means the User’s acceptance and agreement with such changes and/or additions.
1.7 This Agreement, all changes and additions to it are open, publicly available documents and are posted on the Site.
1.8 In cases not provided for in this Agreement, the parties are governed by the legislation of Ukraine. All possible disputes arising from relations under this Agreement shall be resolved in accordance with the procedure established by the legislation of Ukraine.
2. ROLE (PURPOSE) OF THE PORTAL
2.1 The portal is an Internet resource intended for the exchange of information between its Users in the process of providing services for teaching the course “Mental Arithmetic”.
2.2 The administration is not a participant in the relationship between Users (School-Teacher-Student), does not control the behavior of Users. All agreements between Portal Users are concluded directly between them without the involvement of the Administration.
2.3 In accordance with this Agreement, the Administration provides Users with access to the Portal within its functional capabilities.
2.4 Users (and in the case of Children, their Parents or Legal Guardians) are solely responsible for their actions and/or the actions of their Children.
3. ACCESS TO THE PORTAL
3.1 To access the Portal, you need to register on the Portal and create an Account.
3.2 To register on the Portal, the User must provide the necessary information, which must correspond to reality, namely: name, surname, e-mail and Password.
The Administration has the right at any time to demand from the User documents confirming the information provided during registration.
3.3 If the User is a Child, the registration is carried out by one of the Parents or the Legal Representative of the Child.
3.4 Each User registers on the Portal according to the corresponding User category defined in clause 1.1. of this Agreement. Depending on the category, Users have different rights and technical capabilities on the Portal. The registration process is different for each category of Users and must comply with the terms of this Agreement.
3.5 The Administration is not responsible for the registration of Children, which was carried out without the knowledge and consent of one of the Parents or Legal Representatives.
3.6 Each User, and in the case of a Child – his/her Parents or Legal Representatives, are fully responsible for the preservation of Logins and Passwords for access to the Portal.
3.7 The User has the right to use only his Account. The User has no right to provide his Account for use by any third party. The User may not buy, sell or donate his Account, as well as offer such actions.
3.8 The Administration has the right at any time to deny any User registration and/or use of the Portal’s functionality in case of violation of the terms of this Agreement.
3.9 The user can be removed from the Portal for some time, which means blocking the possibility of using the Portal, or permanently by deleting his Account.
3.10 Depending on the category (Account), Users have the following options for using the Portal
3.10.1. The school has the right to:
• Create and delete “Teacher”, “Student” Accounts.
• Post information and messages for Teachers and Students, including regarding the schedule of Students’ classes, the current balance and payments of Students to the School for the services provided.
• Assign homework for students and check its completion by students.
• Monitor the work of Teachers.
• Have access to and use the “Mental Arithmetic” simulator.
3.10.2. The teacher has the right to:
• Assign homework for students and check its completion.
• Create appropriate groups and locations of Students.
• Have access to and use the “Mental Arithmetic” simulator.
• Use other rights granted by the School.
3.10.3. The student has the right to:
• Review homework assigned by the School/Teacher and complete it.
• Use the “Mental Arithmetic” simulator.
• Access to information about the calendar of their classes.
• Access to information on the current balance and history of payments to the School for services provided.
3.11. Access to the Portal and its use for the School is paid. The school pays the Administration fees for the use of the Portal in accordance with the terms of the Public Agreement (offer) on the provision of services.
3.12. The Teacher and the Student do not make any payments to the Administration for access and use of the Portal.The student pays directly to the School for the services received through the Portal.
3.13. The Administration is not responsible for any disputes that may arise between Users (School-Teacher-Student) regarding the payment of services provided using the Portal. Such disputes must be resolved between Users directly without involving the Administration at any stage of the process and on any side of the dispute.
3.14. Blocking for some time or complete cancellation of access to the Portal is possible in the following cases:
• The user intentionally provided false information when registering on the Portal.
• The user improperly used and/or uses the Portal.
• The user committed any other violations of the terms of this Agreement.
• In case of arrears for the corresponding payments.
• The User has sent an appropriate request for suspension of access or withdrawal of the Account.
• In any other cases stipulated by this Agreement or if the Administration considers such actions to be necessary and justified.
4. RIGHTS AND OBLIGATIONS OF USERS
4.1. The user is obliged to:
• Follow up on information messages about the possibility of using the Portal.
• Provide accurate, up-to-date and complete information that is necessary for using the Portal.
• Prevent disclosure of Passwords and Logins used to access the Portal.
• In case of disclosure or suspicion of disclosure of Passwords and Logins used to access the Portal, immediately notify the Administration in writing.
• Independently provide everything necessary to access the Portal (computer, smartphone, access to the Internet, etc.).
• Use the Portal only for legal purposes, comply with the legislation of Ukraine, as well as the rights and legitimate interests of the Administration.
• Not to use the Portal’s capabilities for purposes that can be qualified as a violation of the rights of third parties and any other violation of the legislation of Ukraine.
• Fulfill other obligations stipulated by this Agreement.
4.2. The user has the right to:
• Receive advice from the Administration related to access to the Portal and its functioning.
• Use all the functionality provided by the Portal for the relevant category of Users.
• Exercise other rights provided for in this Agreement.
4.3.Users are prohibited from using the Portal in the following ways:
• violate the legislation of Ukraine;
• for any offensive, fraudulent and/or other illegal activity;
• for bullying, humiliation of human dignity and actions that can be interpreted as such;
• to transmit and store illegal materials (including materials that may be considered obscene);
• impersonate another person or knowingly post false information;
• violate the rights and norms of intellectual property protection in accordance with this Agreement and/or the legislation of Ukraine;
• make your Account and/or Account available to any other person, unless otherwise established by this Agreement, or without the prior written consent of the Administration;
• perform any actions aimed at gaining unauthorized access to another User’s Account;
• post and distribute any information or software that can be used to hack computer systems or contains computer viruses or other components equivalent to them;
• to interfere with the operation of the Portal in any way.
5. RIGHTS AND OBLIGATIONS OF THE ADMINISTRATION
5.1. The administration undertakes:
• Provide the User with access to the Portal after completing the full registration procedure in accordance with these Terms.
• To ensure the normal and uninterrupted functioning of the Portal, to eliminate technical problems of the Portal in a timely manner.
• Provide the User with consultations related to access to the Portal and its functioning.
5.2. The administration has the right to:
• Unilaterally stop the User’s access to the Portal if the User violates the terms of this Agreement or other agreements concluded between the Parties, including in the case of receiving information about the User’s illegal actions.
• Suspend the work of the Portal for preventive work.
• Change and/or supplement the provisions of the Agreement without prior notice to the User.
• Exercise other rights provided for in this Agreement.
6.1. The portal and all its functionality are provided “as is”. Users do not have the right to request any changes to the Portal.
6.2. The Administration is not responsible for the expectations of Users in connection with the results of using the Portal. The Administration does not guarantee that the Portal is completely free of defects and errors, and must function smoothly and in a mandatory manner.
6.3. The use of the Portal is carried out by the User solely under his own responsibility and at his own risk.
6.4. The Administration is not responsible for any errors, omissions, interruptions, defects and delays in data processing or transmission, failures in communication lines, illegal actions of third parties that caused the User’s access to the Portal to be restricted.
6.5. The Administration is not responsible for any technical failures or other problems of any telephone networks or services, computer systems, servers or providers, computer or telephone equipment, software, failures of e-mail services or scripts for technical reasons, for the normal functioning and availability of certain segments of the Internet and networks of telecommunication operators involved in the User’s access to the Portal.
6.6. The Administration is not liable to the User or any third parties for any direct and/or indirect damages, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with his use of the Portal or the impossibility of using it using.
6.7.The Administration is not responsible for any damage to the User’s or another person’s electronic devices, any other equipment or software, caused or related to the User’s use of the Portal.
6.8. The Administration does not control and is not responsible for the quality and timing of the provision of services by the School/Teacher to its Students using the Portal.
6.9. The Administration is not responsible to the User for restricting access to the Portal, for terminating access to the Portal, if these restrictions and termination occurred as a result of force majeure circumstances that arose after the conclusion of this Agreement and the occurrence of which the Parties could not influence, including, but not limited to, as follows: war, rebellions, strikes, epidemics, sabotage, embargoes, fires, floods, natural disasters, deterioration of the radio-electronic or radiological situation, explosions, actions or inaction of the government of Ukraine or another country, acts of state bodies and/or local self-government bodies, making changes to the legislation of Ukraine, accidents on public networks, changes in conditions of access to linear and cable means of communication, etc.
7. INTELLECTUAL PROPERTY
7.1. The Portal and all its components, including, but not limited to, design, programs, graphic elements, images, texts, descriptions and other materials related to the creation and maintenance of the Portal, are objects of intellectual property rights of the Administration and are protected in accordance with the current legislation of Ukraine in the field of protection of rights to objects of intellectual property rights, as well as relevant international legal treaties and conventions.
7.2. The use of any elements, texts, images, programs and other objects included in the Portal is possible only within the framework of this Agreement.
7.3. Users are prohibited from copying, modifying, processing, reengineering, extracting or attempting to extract a significant part of the data of the Portal and/or its components.
8. PERSONAL DATA
8.1. During the use of the Portal by the Users, the Administration will collect, process, store and use some Personal Data of the Users.
9. OTHER PROVISIONS
9.1. This Agreement is considered concluded between the Parties from the moment of registration (creation of an Account) of the User on the Portal and is valid until the Parties fully fulfill their obligations or until its termination (termination). This Agreement is considered terminated (terminated) from the moment of cancellation of the User’s access to the Portal.
9.2. All messages to the Administration must be provided by the User in writing to the e-mail address email@example.com.
9.3. The text of this Agreement is written in Ukrainian and English. In case of discrepancies between the Ukrainian and English texts, the text of the Agreement in the Ukrainian language shall prevail.