Terms of Use
1. PURPOSE
This document is for the purpose of establishing the General Conditions of Use for the GrammarUP mobile application.
GrammarUP reserves the right to modify these Conditions of Use in order to adapt them to applicable legislation at any time.
The present General Conditions of Use do not exclude the possibility that certain services of the Application, due to their specific characteristics, will be subject, in addition to the General Conditions of Use, to their own specific conditions of use (hereinafter the Special Conditions).
The use on behalf of the User of any of the Application implies their adherence and express acceptance of all of the General Conditions of Use in the version published on the Application’s website at the moment in which the User accesses the Application, as well as the Special Conditions if they are applicable.
2. CONDITIONS OF USE OF THE APPLICATION
2.1. Condition of User
The use of Application attributes the Condition of User thereof.
2.2. Informative Data
Users may contact GrammarUP via the email office@avantismobile.com.
2.3. Need to Register
In general, to access the Application it is not necessary to register as a user. However, the use of the course may depend on the previous registration of the User. This registration will be dealt with expressly in Services or in the Special Conditions under which it is applicable.
2.4. Use of the Application and its Services
The User recognizes and accepts the use of the contents and/or services offered by the Application and will do so under their own risk or responsibility. The User agrees to use the Application and all of its content and Services in accordance with the law and the present General Conditions of Use and the Special Conditions in the event that they are applicable. Additionally, the User agrees to the appropriate use of the services and/or contents of the Application and to not use it for illegal or criminal purposes which infringe upon the rights of third parties and/or violate regulations on copyrights or patent rights or upon other rules of the applicable legal system. In particular, the User agrees not to transmit, insert, disseminate or make available to third parties any material and information (data, content, messages, pictures, audio and video files, photographs, software, etc…) that may be contrary to law, morality, public order and the hereby General Conditions of Use and, if applicable, to the Special Conditions. By way of example, and in no case limiting or excluding, the User agrees:
i. Not to disseminate content or propaganda of a racist, xenophobic or pornographic nature, or that justifies terrorism or violates human rights.
ii. Not to introduce or spread data programs (viruses and harmful software) susceptible to cause damage to the service provider, its suppliers or third party users of the Internet.
iii. Not to disseminate, transmit or make available to third parties any type of information, element or content that undermines fundamental rights and public freedoms recognized constitutionally and by international treaties.
iv. Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes unlawful or unfair advertising.
v. Not to transmit unsolicited or unauthorized advertising, promotional material, ‘junk mail’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation, except in those areas (such as advertising slots) that have been exclusively designed for it.
vi. Not to introduce or spread any false, ambiguous or inaccurate information so as to mislead the recipients of the information.
vii. Not to impersonate other users using their usernames for different services and/or contents of the Application.
viii. Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the rights of intellectual property, patent, trademark or copyright that corresponds to the holders of the Application or third parties.
ix. Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of the secrecy of communication and legislation regarding personal data.
3. INTELLECTUAL AND INDUSTRIAL PROPERTY
The User recognizes that all elements of the Application and each of the Services presented through it, the informational and material content, the structure, selection, order, and presentation of its contents and the computer programs used in relation to it are protected by the intellectual and industrial property rights of GrammarUP or third parties.
Except when authorized by GrammarUP or, when appropriate, by other owners of the corresponding rights, as long as it is legally permitted, the User cannot reproduce, alter, modify, disassemble, reverse engineer, distribute, rent, loan, make available or allow access to the public through any means of communication to any of the elements mentioned in the previous paragraph.
In particular, it is strictly forbidden to use text, images, advertisements and other items contained in this website for subsequent inclusion in whole or in part, on other websites outside of GrammarUP without prior written permission by GrammarUP.
The User must use the materials, elements, and information that is accessed through the use of the Application and each of the corresponding Services for their own use, agreeing to not commercially exploit, neither directly nor indirectly, the services, materials, elements or information obtained.
The User must not remove the signs identifying the rights (intellectual, industrial or otherwise) of GrammarUP or third parties that appear on the Application and each of the different Services offered through it. Additionally, the User must not evade or manipulate any technical mechanism established by GrammarUP or any third party, either on the Application, in any of the Services or any of the materials, elements or information obtained through it.
4. EXCLUSION OF GUARANTEES. LIABILITY
4.1. Availability and Continuity of the Application and Services
GrammarUP is not liable, within the limits established by the current legal system, for damages caused to the User as a consequence of the unavailability, access failures and lack of continuity of the Application and its Services.
4.2. Contents and Services of GrammarUP
GrammarUP is solely liable for the Services directly provided and the contents which originate from GrammarUP and are identified by its copyright. Such liability shall be excluded in cases in which causes of force majeure concur or cases in which the configuration of the User’s equipment is not adequate for the proper use of Internet services provided by GrammarUP. In any case, the possible liability of GrammarUP to the User for all items will be limited to no more than the amount paid directly by the User to GrammarUP, except in the case of liability for indirect damages or loss of profits.
4.3. Contents and Services of Third Parties
GrammarUP does not control, approve nor endorse the contents, services, opinions, communication data, files, products and any kind of information from third parties, natural or legal persons, collected on the Application.
GrammarUP is not liable, neither indirectly nor directly, for damages of any kind arising from the use or purchase of the Contents and the Services of third parties on the Application, as well as the lack of legality, reliability, usability, accuracy, completeness or timeliness. Including and in no case limiting, GrammarUP is not liable for damages of any kind resulting from: a) the infringement of intellectual property rights and defective performance or non-performance of contractual commitments made by third parties; b) the performing of acts of unfair competition and illegal advertising; c) the inadequacy and disappointment of expectations of services and contents from third parties; d) the vices and defects of any kind of third party contents and services provided through the Application.
GrammarUP is not liable, neither indirectly nor directly, for damages of any kind caused to the User as a result of the presence of viruses or other elements in the contents and services provided by third parties that may cause alterations in the computer system, electronic documents or files of the users.
The disclaimer referred to in the preceding paragraphs shall apply in the event that GrammarUP doesn’t have effective knowledge that the activity or information stored is unlawful or harms property or rights of third parties liable for compensation, or did not act with diligence to remove the information and content or block access to them.
4.4. Conduct of the Users
GrammarUP doesn’t guarantee that the Users of the Application will use the contents and/or services in accordance with the law, the public order, nor the present General conditions and, where applicable, the Special Conditions that shall be applied. Therefore, it doesn’t guarantee the veracity and accuracy, completeness and/or authenticity of the data provided by the Users. GrammarUP is not liable, indirectly or subsidiarily, for the damages of any nature derived from the use of the Services and Contents of the Applications on behalf of the Users or that can derive from the lack of veracity, accuracy and/or authenticity of the data or information provided by the users, or of the impersonation of the identity of a third party carried out by a User in any class of action through the Application. By way of example, but not limiting, GrammarUP is not liable, indirectly or subsidiarily, for: a) the content, information, opinions and statements of any User or of third parties or entities that communicate or exhibit through the Application; b) the damages caused to third parties derived from the use on behalf of the User of the services and contents of the Application; c) the damages caused by the lack of veracity, accuracy or impropriety of the identity of the users and of all of the information that they provide and make accessible to other users; d) for the damages derived from infringements of any user that affect the rights or another user, or third parties, including the rights of copyrights, trademark, patents, confidential information and any other right of intellectual and industrial property.
5. CONTRACTING WITH THIRD PARTIES THROUGH THE APPLICATION
The User acknowledges and accepts that, any contractual or extra-contractual relationship that, if appropriate, they formalize with the advertisers or third parties contacted through the Application as well as their participation in competitions, promotions, purchase and sale of goods or services, are deemed as made solely and exclusively between the User and the advertiser and/or third party. Accordingly, the User accepts that GrammarUP doesn’t have any type of liability over the damages of any nature caused as a result of their negotiations, conversations and/or contractual or extra-contractual relationships with the advertisers or physical or legal third parties contacted through the Application.
6.- PROTECTION OF PERSONAL DATA
GrammarUP may request the User’s authorization to carry out the treatment of their data, leaving the User informed about the incorporation of their data onto the existing automated files in GrammarUP.
Therefore, they are informed about the automated treatment that all of their information that GrammarUP has access to as a consequence of their navigation through the web pages of GrammarUP, of the querying, requesting or contracting of any service, or of any transaction or operation carried out, is going to be subject to, for the purposes of the provision of our services, of the maintenance of their contractual relationship and for the purpose of adapting our offers to their particular profile. The User has the right to object to the treatment of any of their data that isn’t essential for the signing of the contract or the provision of the service and to its use for any purpose other than the maintenance of their contractual relationship.
The activity carried out through any type of interactive media by the User within GrammarUP will be recorded in a computing file and treated with the same purposes described in the previous paragraph. Said file of activity enables us to locate the incidences and problems that can arise, to solve them in the shortest time possible and continue to offer the User the services that they request and others that can be of their interest, without the need that, once they have registered for the first time, to have to register on every visit to access the areas and services reserved for them, but without, in any case, said files providing the name and surnames of the User, nor allowing to read data from their hard disk, nor the possible computing files created by other providers.
The User is also informed about the possibility of exercising rights of access, rectification, cancellation and objection, in the terms established in the legislation in force, and being able to use the e-mail office@avantismobile.com for this.
GrammarUP will in no case employ the data put at its disposal by the User to provide services to third parties or to achieve an own profit, but to solely provide the User the requested services. GrammarUP will use the data provided by the User by virtue of that indicated in the Service to the sole and exclusive purposes of the adequate execution of the objective of said Service, not applying or using these for purposes other than those which figure in said Service.
Lastly, we inform you that the files of GrammarUP where all of its data is guarded comply with all of the security measures that guarantee the confidentiality and security of the treatment of its data, for which we guarantee you the most absolute security of the information that you provide us.
The User is liable for the veracity of the data provided, reserving GrammarUP the right to exclude it, in the event of determining its falsehood.
7. RESOLUTION
Notwithstanding the liability for damages that could arise, it will be able to, immediately and without the need for notice, terminate its relationship with the User, interrupting their access to the Application or to their corresponding Services, if it detects a use of them or of any of the Services linked to them in contrary to the General and Special Conditions that are applied.
The User is liable for the damages of any nature that GrammarUP or any of its subsidiaries could suffer, directly or indirectly, as a consequence of the breach of any of the obligations derived from the General or Particular Conditions in relation to the use of the Application or of any of the Services linked to it. Also, the User will keep GrammarUP and its subsidiaries indemnified with regard to any sanction, claim or demand that could be imposed by any third party, including any public bodies, against GrammarUP, its employees or agents as a consequent of the violation of any rights of third parties on behalf of said User through the use of the Application or of the services linked to it in a contrary manner to that foreseen in the General and Special Conditions that are applied.
8. VARIOUS
8.1. Modifications
GrammarUP reserves the right to carry out the modifications that it considers appropriate, whilst being able to modify, remove and include new contents and/or services, as well as the way in which these appear presented and located.
8.2. Minors
In general, to make use of the Services of the Application minors must have previously obtained authorization from their parents, custodians or legal representatives, whom are liable for all of the actions carried out through the Application by the minors under their care. In those Services which are expressly indicated, the access will be restricted solely and exclusively to adults over the age of 18.
9. DURATION AND TERMINATION
The provision of the services and/or contents of the Application has an indefinite duration.
10. LAW AND JURISDICTION
All of the questions relative to the Application are governed by the Laws of the Slovak Republic and are subject to the jurisdiction of the domicile of the User. In the event that the User has their domicile outside of Slovak Republic, GrammarUP and the User are subject, expressly waiving any other jurisdiction, to the courts and tribunals of the city of Bratislava (Slovakia).