Terms

§1 Definitions

  1. the Website - the Internet website published under the following domains: https://vocapp.com/. The Website is available through the World Wide Web.
  2. the Service - service supplied electronically through the World Wide Web, consisting in providing Website which contains a vocabulary course and tools supporting effective rote learning.
  3. the Contents - textual materials, software, scripts, graphics, photographs, sound, music, video records, audiovisual materials, interactive elements and other materials which can be viewed by the User, to which materials the User may gain access or which they may publish with the use of the Website.
  4. the Administrator - the company Sonbou Marcin Młodzki with its registered office in Warsaw 02-798, at ul. Mielczarskiego 8/58, number NIP: 951-218-24-28; e-mail address: vocapp@vocapp.com
  5. the Account - available for a certain User after entering their Login and password in appropriate place on the Website; in the Account the User may conduct operations connected with the use of the Website.
  6. the User - refers to each and every person who has carried out registration on the Website and who has their own individual Login protected with a password.
  7. the Login - individual and unique name of the User gained in connection with creating (registration) an account on the Website.
  8. the Privacy Policy - part of the Terms stipulating the terms and conditions of processing and protecting the personal data of the Users by the Administrator.
  9. the Terms - this document.
  10. the Payment Service Provider - the company PayU S.A. with its registered office in Poznań at ul. Marcelińska 90, entered into the register of entrepreneurs of the National Court Register under the number KRS 0000274399.

§2 100% money-back guarantee

  1. The entire offer which is published on the Website is covered by 100% money-back guarantee (hereinafter referred to as: Guarantee). This means that each and every Buyer may withdraw from the agreement at any time and ask for the reimbursement of all of the money which they paid for the returned product.
  2. The Guarantee covers each and every product and is valid for 30 days from the time of the purchase.
  3. The Guarantee may cover a longer period of time if it results from the offer of a certain product.
  4. The validity of the Guarantee for the Buyers of paid Content shall not be precluded or diminished by any point hereof.
  5. The information about the consent to exercise the Guarantee should be filed to the Administrator via mail or e-mail and include at least:
    • User's data enabling contact with them and their identification,
    • an element of the offer which is covered by the Guarantee,
    • date of the payment,
    • bank account number, to which the reimbursement shall be effected.
  6. The reimbursement of monetary means shall take place through the Payment Service Operator or by transfer to an account indicated by the User, within 7 days from the receipt of the information by the Administrator.
  7. On the effective withdrawal from the agreement and reimbursement of monetary means, the Administrator may delete the User's Account or freeze the ability to use the paid Contents or Services.

§3 General Provisions

  1. The Terms set forth the terms and conditions of using and functioning of the Website.
  2. Before using the Website, the prospective Users should familiarise themselves with the content of the Terms. On the registration on the Website the User shall express their consent to all terms and conditions hereof and undertake to observe the Terms.
  3. The Website serves the effective learning of vocabulary.
  4. The User is obliged to observe the binding law and the Terms which they accepted during the registration procedure.
  5. The User may, without any limitations, at any time, cease to use the Website.
  6. Registration of the User on the Website shall commence by conducting certain activities in compliance with the registration procedure.
  7. Internet connection and the use of WWW browser with cookie service are needed for the correct use of the Service.
  8. The technical conditions of using the Website may influence the correct functioning of the Website, its correct appearance in the Internet browser used by the User, as well as the security of the User's data saved on the Account on the Website.
  9. The User should observe the terms and conditions set forth by the Administrator.
  10. The Administrator shall reserve the right to delete or to freeze the account of the User whose activities will deem as uncompliant with the Terms or as harmful.
  11. Some Contents and Services provided by the Website are payable. The payment may be done directly to the bank account of the Administrator or through Payment Service Provider. Some Services of the Website are for free, particularly the registration procedure and the access to the demo version.
  12. The access within the scope of one Account is provided for one natural person only. The User may make use of the purchased access on numerous computers (or other appliances which dispose of a browser), on the condition that the computers and/or appliances have access to the Internet.

§4 Rights, obligations and the scope of liability of the Administrator of the Website

  1. The Administrator shall bear liability towards the User (Customer) for failure to exercise or for improper exercise of the Agreement in that the Administrator provides services uncompliant with the Terms or offer, with preservation of the following provisions.
  2. The Administrator does not bear liability for:
    • contents published by the Users and authenticity thereof, including the content of commentaries, opinions and reviews or other similar contents published by the Users,
    • contents of descriptions and data characteristic for the Users' Accounts,
    • technical problems or technical limitations arising on the computer equipment which are used by the User and which prevent the User from the Use of the Service,
    • the Users use of the Service, which does not comply with the provisions hereof and equipment requirements set forth herein
    • consequences resulting from third parties gaining the password of a registered User,
    • loss of the content published on the Website by the User, and deleted by the Administrator on the basis of the provisions hereof or in compliance with law.
  3. The Administrator is obliged to:
    • immediately delete any and all content published by a Registered User without informing the User, if the User violated the provisions hereof or of law,
    • immediately delete any and all content with reference to which a suspicion arises that this content may violate law, decency, feelings, including the religious ones, and rights of third parties,
    • immediately freeze the User's Account and all content published by them, if they infringed the Terms or law.

§5 The Duties of the Website's User

  1. The User undertakes to use the Website in compliance with the provisions hereof, binding law and the principles of community life, especially:
    • not to publish contents of unlawful character, violating law, uncompliant with the principles of decency, especially including pornographic content, content which could offend religious feeling or which calls to racial, ethnic or denominational hatred, or which promote phonographic or computer piracy, which popularize the techniques of cracking, viruses and similar,
    • not to act in a way which violates the rights of other persons, in particular of property rights and personal copyrights,
    • not to publish advertisements (except from forums indicated by the editorship as of advertisement and sponsorship character),
    • not to publish any materials protected by copyrights, to the popularisation of which the User is unauthorised,
    • not to use nicknames, titles, descriptions and contents etc., which commonly deem as offensive or uncompliant with the principles of decency or which refer to such words,
    • not to distribute any parts of the Website, including, among others, any Content on any carriers, without the prior consent of the Administrator, unless the Administrator makes available the means to carry out such distribution by means of functions offered within the scope of the Service (e.g. learnbox),
    • not to change any part of the Website or Services (including learnbox and technologies connected with it),
    • not to omit or freeze or in any other way not to disturb (and not to undertake attempts to disturb) the functioning of the elements protecting the Services and elements which (i) prevent or limit the use of Content, or its copying or (ii) which implement the limitations within the scope of the use of Services and Contents available on the Website,
    • not to use nor introduce any automated system (including, among others, robots, automatic machines serving the purpose of downloading graphic files (spider) or tools serving the needs of browsing the content when there is no Internet connection (offline reader), which gain access to Services in that they send more queries to servers of VocApp at particular time than a person could send when using publically available standard (i.e. non-modified) browser.
  2. Where the User refuses to delete contents referred to in paragraph 1, the Administrator of the Website shall have the right to delete them himself or to freeze or delete the User's Account.
  3. The User undertakes to bear the costs of the prospective legal proceedings, legal representation and of compensation adjudicated or established in the amicable agreement, if any third parties file claims towards the Administrator of the Website concerning the violation of their rights by contents published by the User on the Website. The Administrator shall inform the User about such a fact immediately.
  4. The User expresses their consent to display advertisement to them, as well as to receive notices to an e-mail address indicated by them during the registration procedure.
  5. It is forbidden to copy the Content of the Website under the pain of criminal and civil liability. Actions consisting in attempts to copy the Content of the Website may also deem as crime within the meaning of the regulation of the criminal law.

§6 Paid access

  1. The User may purchase access to some selected Contents and Services which are in offer on the Website.
  2. The Offer concerning the access to the Contents and Services as well as the amount of the payment (hereinafter referred to as Payment) effected for the benefit of the company of the Administrator by the User in connection with the purchase of the access is published on the Website.
  3. The User has the right to withdraw from the agreement on the conditions set forth in paragraph 2 hereof (100% money-back guarantee).
  4. All of the prices published in the offer do include VAT.
  5. Access to some selected Contents and Services can be purchased by every registered User of the Website who dispose of the full ability to perform acts in law.
  6. Granting access to Contents and Services commences on effecting the Payment by the User for the benefit of the Administrator and consists in the performance of the liability which arose between the User and the Administrator.
  7. Gaining access to Contents and Services has limited or unlimited duration, depending on the amount of the Payment effected by the User and on the offer publish on the Website.
  8. Effecting of the Payment is possible only by means of electronic banking system provided by the Payment Service Provider by making transfer to the following account of the Administrator carried in AliorBank or in any other way published in the offer or agreed with the Administrator.
    1. IBAN: PL 79 2490 0005 0000 4500 6415 5338,
    2. BIC: ALBPPLPW
  9. In case of a transfer into the account, the User should give such information in the title of the transfer, which would allow to establish the User and the Service purchased.
  10. In case of payment through the Payment Service Operator, the User, having logged in and chosen the method of payment, is automatically redirected:
  11. in case of payment effected by a payment card - to a web page of the subject cooperating with the Payment Service Operator, i.e. settlement centre; (this method is available for Users who dispose of appropriate payment cards which allow to make a payment through Payment Service Operator),
  12. in case of payment effected through an Internet transfer - to a web page of the subject cooperating with the Payment Service Operator, i.e. a bank (this method is available for Users who dispose of appropriate Internet bank accounts),
  13. Having verified the effected Payment, the User shall be informed via e-mail about the activation of the access to the Content and Services together with information about the duration of the access. The access to selected Content and Services commences to be active when the User receives data necessary to use the Service. Where the access to selected Content and Services is granted for a limited time, the activity of the access elapses at the end of the time limit indicated in the offer.
  14. If the payment effected amounts at less than it results from the offer published on the Website, the User shall be informed about this fact via e-mail. In such a case it is possible to pay the rest of the sum or the reimbursement of the sum effected. The reimbursement shall take place in compliance with the terms and conditions set forth in paragraph 2 (100% money-back guarantee).
  15. Having effected the Payment for the access to selected Packet of tests, the User shall obtain an individual online access through their login to Content and Service purchased.
  16. Before the lapse of the term for which the access to selected Content and Services has been bought (in case of access for a limited time), the User may receive via e-mail information about the approaching date of the access expiration. If the Administrator does not receive the confirmation of a next Payment effected, before the last day of the active access, the access to the Content and Services shall expire.
  17. The complaint of the User in connection with the improper functioning of the Website, Content or Service, should be sent to the Administrator via mail or electronic mail and indicate:
  18. data of the User which allow contacting them and their identification,
  19. objections towards the functioning of the Website,
  20. shall the necessity arise, the method of violation elimination indicated by the User.
  21. The complaint filed by the User shall be considered within 7 day from the day of its reception.
  22. The Users complaints concerning the method of the performance of the payment through the Payment Service Operator PayU S.A. should be filed via fax in writing under the number: (61) 630-61-05, ul. Marcelińska 90, 60 – 384 Poznań, indicating the cause for the complaint, the subjects to the transaction, date and detailed description of the situation under complaint. The complaints filed are considered by the company PayU S.A.

§7 Copyrights Policy

  1. The Administrator shall pursue a transparent copyrights policy concerning the content which the Administrator considers to violate copyrights of a third party.
  2. The Administrator shall prevent the User from obtaining access to the Website if the Administrator established that the User commited violations repeatedly. It is acknowledged that the User commited the violation repeatedly if they have been given notice about such violations more than twice.
  3. The materials included in the paid Content as well as those available within the paid Service (texts, pictures, photographs, pronunciation transcripts, lector's recordings, etc.) may be used only by a person who disposes of the paid access to the Website. The PDF materials, as well as vocabulary lists may be printed out and copied for their own needs, without the right to any further distribution of the materials.
  4. If you wish to make use of our materials in printed publication, on web pages or by education institutions we ask you to contact with us.
  5. The User, within the available functions, may change their own contents. In connection therewith:
  6. The User shall acknowledge and accept that they bear sole responsibility for own contents and for the results of the uploading and publishing of the contents. The Administrator shall not patronise any contents nor opinions expressed in such contents, any recommendations or advice, as well as shall explicitly refuse to bear any liability connected with the content published by the users.
  7. The User shall declare and affirm that they bear (and when using the Website will still bear) all necessary licences, rights, consents and permits concerning the content and which are demanded in order to allow the Administrator to provide Service connected with these contents, as well as the fact that the publication of User's content is legal and does not violate the rights of third parties.
  8. The User shall preserve all ownership titles to own content, however, the User shall vest in the Administrator and other Users limited rights i.e. the User shall vest the following licences:
  9. a territorially unlimited, nonexclusive, non-payable, redeemable licence (with the right of a sublicense) to use, copy and disseminate the Content, as well as to develop on the basis of the Contents subordinate works, their display or performance in connection with the Service provided including the promotion and dissemination of the Service, in parts or in full (together with subordinate works) irrespectively from the format of the carrier and the method of transmission of the material.
  10. to each and every user of the Service - territorially unlimited, nonexclusive, non-payable licence to access to the Content by means of the Service and to use the Content, its copy and dissemination, development on the basis of the Content subordinate works, and their display or performance within a set of functions offered through the Service and within the scope allowed on the basis of the Terms.
  11. The hereinabove licence granted by the User with reference to the Content created by the User shall expire at the moment of deletion of the Content by the User from the Website.

§8 Privacy Policy

  1. Processing of the User's personal data comprised in the registration form takes place with the User's consent expressed during the registration procedure on the Website. The Website shall process the data of the User in compliance with the privacy policy and with the act of 29 August 1997 on the protection of personal data and with the Act on Rendering Electronic Services.
  2. The Administrator shall process personal data as provided for by law, particularly concerning the protection of the base.
  3. Details on privacy policy can be found here: privacy policy

§9 Final provisions

  1. The Administrator shall have the right to change the Terms for important reasons (e.g.: adjustment of the Terms to the binding law, update of contact data, legal form etc. of the Administrator, change of the functioning of the Website).
  2. The User shall be informed about all of the changes to the Terms 21 days in advance. This period may be reduced, if the change is beneficial (or at least neutral) in an obvious way for each and every User.
  3. In lack of the acceptance of the Terms changed, the User may delete their account.
  4. In case of a change or changes to the Terms which deteriorate the situation of the User who is a Consumer, they have the right to file a complaint or withdraw from the agreement on the terms and conditions set forth in paragraph 6 (Paid Access) hereof.
  5. The Terms in their current version shall be available on the Website, under the following address: https://vocapp.com/terms
  6. The Terms shall come into force on 1 January 2014.