Approved by the Director GetCourse Kazakhstan LLP (Order No. 01 of «21» December 2021)
These rules are an official public offer (hereinafter referred to as the Offer) (hereinafter referred to as the Licensor), published on the website https://getcourse.ro/ to enter into a license agreement (hereinafter referred to as the Agreement) with respect to the Program on the above mentioned website and under conditions below, with any person (hereinafter referred to as the Licensee) who wishes to use this offer.
TERMS AND DEFINITIONS
1.1. Acceptance – full and unconditional acceptance by the Licensee of the terms of the Agreement by performing actions specified in clause 2.2 of this Agreement.
1.2. Simple non-exclusive license – the right to use the Program on the Licensor's server for Licensor's own needs under the name designated by the Licensor, within the limits set forth in this Agreement.
1.3. License Fee (or Tariff Plan) – the cost of the right to use the simple non-exclusive license for the Program, as indicated on https://getcourse.ro/.
1.4. Cost of additional services – the cost of services ordered by the Licensee as part of the Simple non-exclusive license, which are not included in the Tariff plan
1.5. Program – Getcourse 2.0 computer program, which is an objectively represented set of data and commands, including the source code, database, audio-visual works included by the Licensor in the specified computer program, as well as any documentation on its use. The rights to the Program belong to the Licensor.
1.6. Personal profile (account) – a set of protected web pages created as a result of Licensee's registration on the site https://getcourse.ro/(hereinafter – the Site), which allow the Licensee to use the Program's functions to the extent and on the terms of the simple non-exclusive license. Access to the Personal profile is provided by the Licensee's login data (login and password) after registration on Site.
1.7. Ticket – a request in electronic form with a description of problems or malfunctions of the Program sent to the technical support's email address email@example.com
1.8. Additional services - services rendered by the Licensor in the form of setting up the Licensee's personal account and technical support (technical consulting) for the Licensee during the use of the Software. These services are not covered by the Simple Non-Exclusive License and therefore must be ordered and paid for separately by the Licensee. A detailed list of Additional Services is available at https://getcourse.ro/
1.9. Users - individuals who have expressed a desire to access the content posted by the Licensee and who have registered on the Licensee's site (obtaining usernames and passwords to log in to their accounts).
1.10. Licensor's Server - a specialized computer or specialized equipment for running the Program.
2. SUBJECT MATTER
2.1. The Licensor grants to Licensee the right to use (a simple non-exclusive license) the Software within its functionality by reproducing the Software (connecting to the Software via the Internet), solely for the Licensee's own use without the right to sublicense to third parties.
2.2. Performance of one or all of the actions specified in this paragraph shall be deemed to be the Acceptance of this offer by the Parties:
Putting a checkbox in the special section to confirm consent with the text of this Agreement.
Verification of the email address declared at registration by clicking on the hyperlink sent to the email address specified by the Licensee.
The transfer of funds by the Licensee to the account of Licensor as payment for the license fee or additional services.
2.3. The Offer shall be considered to be accepted and the Agreement concluded by the Licensee on the terms and conditions of the Offer, entering into force on the date of Licensee's registration on the Website and/or the date of Licensee's receipt of the license fee. The acceptance is deemed to be complete, unconditional and irrevocable.
2.4. The Licensor may at any time unilaterally change the text of this Offer by publishing its new version at https://getcourse.ro/. For this reason, Licensee is required to visit the specified address at least once every two weeks to review the Offer's current text. If within five (5) days from the date of publication of changes in the Offer, the Licensee has not sent to the Licensor a notice of objection to the changes, whereby the Licensee unilaterally withdraws from this Agreement, the parties will conclude that the Licensee agrees with all the changes in this Agreement.
2.5. The Licensor does not initiate and does not control the placement by Licensee of any information during the use of the Program, has no influence on its content and integrity, and at the time of placement of the specified information does not know and cannot know whether it violates any legitimate rights or interests of third parties, regulations of international treaties or the applicable law.
2.6. When using the Program, the Licensee agrees not to post information violating any moral standards, rights or interests of third parties, including, but not limited to:
being unlawful or promoting or facilitating any form of unlawful activity;
being of pornographic, intentionally offensive or violent nature, advocating violence, being deceptive or fraudulent in any respect, defamatory, damaging honor and dignity, causing damage to dignity or business reputation, containing any sort of threats;
providing expertise or know-how that violate any state, local or international laws or regulations;
being discriminatory or defamatory against any person, group, or category of persons because of race or national origin, gender, religious beliefs, disabilities, or sexual orientation;
intended or otherwise reasonably likely to violate the privacy rights of others, misappropriate any intellectual property rights of third parties, or violate any legal obligations to third parties (including confidentiality obligations and contractual obligations);
includes transmitting, distributing, sending or otherwise affecting the Company or any users with computer viruses, malicious computer programs ("worms") or any other malicious computer code to the Company or any users that could be harmful, could cause damage or have a destructive effect.
If the Licensee posts any information not meeting these requirements, the Licensor has the right to block the Licensee's personal account without any refund.
In the event that the Licensor receives inquiries from competent government authorities about a particular Licensee and the material it posts, the Licensor shall provide upon such request all information in its possession, including logs, IP addresses, e-mail addresses, full names, as well as other similar information.
2.7. Acceptance of this Offer by the Licensee means its full consent to receive advertising and information mailings (messages and notices) from the Licensor. Such mailing will be made to the e-mail address or cell phone number specified by the Licensee when registering on Site, as well as through messaging programs (messengers) Viber, WhatsApp, Telegram, Facebook Messenger, and others.
2.8. Licensee will be entitled to send advertising and information to its Users only if they provide their consent.
2.9. This Offer does not grant the Licensee the right to use Licensor's Trademarks or Service Marks.
2.10. The algorithms of the Program and its source codes (including their parts) are the Licensor's trade secrets. Any use thereof or use of the Program in violation of the terms of this Agreement shall be deemed a violation of Licensor's rights and shall be sufficient grounds for withdrawal of Licensee's rights granted hereunder
2.11. Using the Licensor's Website, the Licensee acknowledges and agrees that all elements of the Licensor's Website content are the results of its intellectual activity, the exclusive right to which belongs to the Licensor in its entirety.
3. HOW TO START WORKING WITH THE PROGRAM AND TEST PERIOD
3.1. Licensee registers on the Site https://getcourse.ro/. As a result of registration on the Site, the Licensee's personal account is created, and the Licensee receives authorization information by e-mail from the Licensor to access a copy of the Program placed on the Licensor's Internet server. Such transfer shall be deemed by the Parties to be the beginning of the Program's copy testing period, which may not exceed fourteen (14) calendar days from the moment of creation of the Licensee's Personal Account.
3.2. During the test period, but no later than thirty (30) calendar days from the date when the Licensee receives access to a copy of the Program, Licensee shall apply for the simple (non-exclusive) license and/or Additional Services by filling out a special electronic form (hereinafter referred to as Application) in its Personal Area.
3.3. When filling out the Application, the Licensee specifies the selected Tariff Plan and the period for which the simple (non-exclusive) license of the Program is purchased. If a simple (non-exclusive) license for the Program is purchased, the test period is included in the license period. Depending on data specified in the Application, the Licensor's remuneration is determined, as well as, if applicable, the cost of Additional Services.
3.4. In case the right to use the Program is rejected, which is expressed in the absence of payment for the License or submission of a written denial posted in the Personal Area, the Licensor blocks the actual access of the Licensee to the Program and/or stops placing the Licensee's data on the Internet server. If there is an interval between the end of the test period and payment of the License Fee, Licensor will be entitled to restore the Licensee's right to use the Program after it receives the appropriate payment.
3.5. The Licensor grants Licensee access to the Program upon payment of the Tariff Plan. At the same time, if, during the period of use of the relevant Tariff plan, the Licensee decides to shift to and pay for another Tariff plan, such Tariff plan shall be subject to delivery in the amount reduced by the amount of previously paid but actually unused tariff.
3.6. In case of errors in further operation of the Program, the Licensee sends a Ticket to the Licensor. The ticket is registered in the Licensor's accounting system, and the Licensor sends a response to the Licensee about acceptance of such application, starting the work to eliminate the said deficiencies. The term and procedure of elimination shall be determined by the Licensor independently, depending on the technical capability and the cause of error.
4. PRICE AND PAYMENT PROCEDURE
4.1. Payment of the License Fee (Tariff Plan) and payment for Additional Services shall be made on a 100% prepayment basis – within 3 (three) business days from the date of the invoice issued by Licensor. The fulfillment of the Licensee's obligation to pay shall be deemed completed from the date of receipt of funds at the current account of the Licensor.
4.2. If the delay in payment for the license is seven (7) days or more, the License shall be terminated. Receipt of payment beyond the period specified in this paragraph shall be deemed to be the conclusion of a new license agreement on the same terms and conditions as previously agreed by the Parties.
4.3. If the delay in payment for the license is less than seven (7) days, the term of validity of the License shall be extended. The date on which the License is deemed to be renewed for the relevant paid period is calculated from the last paid day of using the License, upon the expiration of which the Licensee's right to use the Program shall be terminated.
4.4. If the invoice received by the Licensee is not paid up within the period specified in paragraph 5.1, and the amount of License fee (Tariff Plan) and the cost of Additional services change during the period of non-payment, the Licensee must pay the new price, otherwise the Licensor will be entitled to unilaterally withdraw from this Agreement.
4.5. The cost of Additional Services, unless directly indicated on the site https://getcourse.ro/, shall be agreed by the Parties additionally by e-mail. After the cost is agreed upon, the Licensee shall be invoiced. The fact of paying the bill shall mean the Licensee's full agreement with the amount specified therein.
4.6. If the Licensee is a natural person, it can effect payments under this Agreement by means of payment systems. Information about such payment methods is posted by Licensor in the Licensee's Personal Profile, or provided at the Licensee's request.
4.7. In the event of early termination of this Agreement for any reason, the Licensor will be entitled, but not obliged, to make a refund. The refund procedure and amount, if so decided by Licensor, shall be discussed with each Licensee individually via e-mail. If the Licensee has made a payment to Licensor under the terms of any Licensor's promotion, when the decision to refund the money paid under the promotion is made, the License fee and/or additional services shall be recalculated, and the refund shall be done at the current Licensor's rates, not at promotion rates.
4.8. The Licensor will be entitled to unilaterally change the amount of License fee (Tariff Plan), the cost of Additional services, as well as the amount of discounts (if any). The Licensor shall notify the Licensee of any changes in the amount of License Fee (Tariff Plan) and the cost of Additional Services no later than five (5) days from the date of decision on change. The Licensor will be entitled not to notify the Licensee about changes in the amount of discounts, including the case when the change in the amount of discounts affects the Tariff Plan or the cost of additional services.
If the Licensee does not agree with these changes, it shall provide the Licensor with a written waiver of this Agreement.
4.9. No later than the fifth (5th) day of the calendar month following the month in which the License and/or additional services were provided to the Licensee, the Act of delivery of services rendered by the Licensor becomes available for downloading in its Personal Profile.
If, within three (3) days from the date of posting the Act, the Licensee has not received a letter of objection to email address firstname.lastname@example.org, it shall be deemed that the obligations of the Licensor to the Licensee have been properly fulfilled. The electronic Act of delivery mentioned in this paragraph shall have the same legal effect as if drawn up on paper. If it is necessary to receive the Act on paper or by means of electronic document flow, the Licensee will be entitled to apply to the Licensor with a corresponding request to the provided email address email@example.com.
5. FORCE MAJOR
5.1. In the event of force majeure circumstances, which include natural disasters, accidents, fires, riots, strikes, military actions, illegal actions of third parties, the entry into force of legislative acts, governmental regulations and orders of public authorities, directly or indirectly prohibiting activities specified in this Agreement, preventing the parties to perform their functions under this Agreement, and other circumstances beyond the will of the parties, they shall be released of liability for failure to perform their obligations if, within ten (10) days of the occurrence of such circumstances, and subject to availability of the means of communication, the Party affected by such circumstances shall notify the other Party of the occurrence and take all efforts to eliminate the consequences of force majeure as soon as possible.
5.2. The party that suffers losses due to force majeure may require documentary evidence of the extent of the events and their impact from the party subjected to force majeure.
6. LIABILITY OF THE PARTIES
6.1. Licensee's access to the Program is provided on an "as is" basis, and the Licensor does not guarantee that the Program's functionality will meet Licensee's expectations or preliminary estimates of its advantages. Failure of the Program to meet the Licensee's expectations and/or preliminary estimates shall not constitute grounds for the Licensee to refuse to perform this Agreement and claim a money refund.
6.2. The Licensor undertakes to make all possible efforts to ensure the normal operation of the Program, but will not be responsible for non-performance or improper performance of its obligations under this Agreement, as well as for possible losses incurred, including, but not limited to, as a result of:
unlawful actions of Users;
failures in Program operation caused by errors in its code, computer viruses or other extraneous code fragments in the Program software;
state regulation (or regulation by other organizations) of business activities of commercial organizations on the Internet and / or the establishment of one-time restrictions by such entities, making it difficult or impossible to perform the Agreement;
other cases related to actions (inaction) of Users and/or other entities aimed at worsening the general situation with the use of the Internet and/or computer equipment that existed at the time of entering into this Agreement, as well as any other actions by third parties.
6.3. The Licensee agrees that no software is free from errors. Delays and/or interruptions may occur during operation of the Program, either directly or indirectly, due to a cause beyond the Licensor's reasonable control.
6.4. The Licensee agrees that in order to work with the Software the Licensee must use software (web browsers, operating systems, etc.) and equipment (personal computers, network equipment, etc.) produced or provided by third parties, and the Licensor cannot be held responsible for the quality of their work.
6.5. The Licensor ensures data backup every 72 hours and stores the Licensee's data for the duration of this Agreement.
6.6. In case of data loss through the fault of the Licensor, the Licensor shall take all the necessary measures to restore the data within 3 business days, if technically possible.
6.7. If the data loss was caused by Licensee's actions, data recovery shall be done upon request sent to the Licensor. Data recovery shall be performed only if technically feasible.
The Licensor shall not be liable to Licensee for any damages, loss of income, profits, information or savings arising from the use or inability to use the Software, including in the event of prior notice from Licensee of the possibility of such damages, or any third parties' claims.
6.8. The Licensee shall be solely responsible to third parties in the event that the Licensor and/or Licensee receives complaints about getting advertising or information messages without the recipient's consent. In the event the Licensor receives such claims, it shall have the right, at its option:
block the Licensee's account or
forward the Licensee's data to the third party that filed the claim, to enable direct proceedings between the Licensee and such third party.
6.9. The Licensor shall not be responsible for distribution/modification/deletion of data from the Licensee's account in case such distribution/modification/deletion is caused by actions in the Account directly by the Licensee or by third parties, including distribution/modification/deletion of data via API.
7. TERM AND PROCEDURE FOR TERMINATION OF THE AGREEMENT
7.1. This Agreement comes into force from the moment of its acceptance and shall be valid for an indefinite term.
7.2. This Agreement may be terminated prematurely on the grounds set forth herein, by consent of the Parties, as well as unilaterally with an advance notice of withdrawal 10 (Ten) business days prior to the date of termination. The notice of unilateral withdrawal from this Agreement shall be given in writing.
8. PERSONAL DATA
8.1. The Licensee's personal data is used and processed to fulfill Licensor's obligations to Licensee in accordance with the legislation of the Republic of Kazakhstan.
8.2. In the performance of this Agreement, the Licensor shall process the following Personal Data:
surname, first name and patronymic;
as well as other Personal Data, which the Licensee has independently, on its own initiative, indicated in Personal Profile.
8.3. The Licensor shall not provide the Licensee's Personal Data to third parties, unless the Licensee has agreed to the provision of such data, or when the provision of such data is done at the lawful request of authorized state bodies.
8.4. Personal Data shall be stored by the Licensor for the duration of this Agreement and shall be deleted after the Licensor has performed its obligations under this Agreement in full. The Licensee may delete the Personal Information in its Personal Area on its own.
In addition, the Licensee may send a notice requesting to stop processing its personal data. The notice shall be sent to the Licensor by Kazakhstan, Almaty city, Bostandyk district, Nursultan Nazarbayev Avenue, house 189/2, sq. 1, postal code 050013, or electronically to firstname.lastname@example.org
8.5. In case the Licensee sends a notice of termination of processing its personal data, the Licensor shall be obliged to stop such processing, whereupon the Licensor will be entitled to unilaterally terminate the Licensee's access to the Program and refuse to fulfill this Agreement.
8.6. The Licensor shall take all the necessary measures to protect the Licensee's Personal Data from unauthorized access by third parties.
8.7. The Licensor undertakes to maintain confidentiality of such Personal Data and ensure their safekeeping
9. LICENSOR'S LEGAL ENTITY DETAILS AND ADDRESSESS
GetCourse Kazakhstan LLP
Location: Kazakhstan, Almaty city, Bostandyk district, Nursultan Nazarbayev Avenue, house 189/2, sq. 1, postal code 050013