the Website - the Internet website published under the following
domains: https://vocapp.es/. The Website is available through the World Wide Web.
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.
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.
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: [email protected]
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.
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.
the Login - individual and unique name of the User gained in connection with creating
(registration) an account on the Website.
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.
the Terms - this document.
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
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.
The Guarantee covers each and every product and is valid for 30 days from the time of the purchase.
The Guarantee may cover a longer period of time if it results from the offer of a certain product.
The validity of the Guarantee for the Buyers of paid Content shall not be precluded or diminished by any point
hereof.
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.
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.
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
The Terms set forth the terms and conditions of using and functioning of the Website.
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.
The Website serves the effective learning of vocabulary.
The User is obliged to observe the binding law and the Terms which they accepted during the registration
procedure.
The User may, without any limitations, at any time, cease to use the Website.
Registration of the User on the Website shall commence by conducting certain activities in compliance with the
registration procedure.
Internet connection and the use of WWW browser with cookie service are needed for the correct use of the
Service.
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.
The User should observe the terms and conditions set forth by the Administrator.
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.
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.
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
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.
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.
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
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.
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.
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.
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.
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
The User may purchase access to some selected Contents and Services which are in offer on the Website.
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.
The User has the right to withdraw from the agreement on the conditions set forth in paragraph 2 hereof (100%
money-back guarantee).
All of the prices published in the offer do include VAT.
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.
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.
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.
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.
IBAN: PL 79 2490 0005 0000 4500 6415 5338,
BIC: ALBPPLPW
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.
In case of payment through the Payment Service Operator, the User, having logged in and chosen the method of
payment, is automatically redirected:
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),
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),
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.
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).
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.
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.
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:
data of the User which allow contacting them and their identification,
objections towards the functioning of the Website,
shall the necessity arise, the method of violation elimination indicated by the User.
The complaint filed by the User shall be considered within 7 day from the day of its reception.
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
The Administrator shall pursue a transparent copyrights policy concerning the content which the Administrator
considers to violate copyrights of a third party.
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.
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.
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.
The User, within the available functions, may change their own contents. In connection therewith:
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.
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.
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:
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.
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.
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
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.
The Administrator shall process personal data as provided for by law, particularly concerning the protection of
the base.
Details on privacy policy can be found here: privacy policy
§9 Final provisions
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).
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.
In lack of the acceptance of the Terms changed, the User may delete their account.
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.
The Terms in their current version shall be available on the Website, under the following
address: https://vocapp.es/condiciones
The Terms shall come into force on 1 January 2014.
