General conditions for use and subscription of schools in the online platform of "Shkolo" Ltd
I. GENERAL PROVISIONS
These General Terms and Conditions regulate the relations between "Shkolo" Ltd (hereinafter referred to as "Company", "Merchant"), CCI 204224132, with registered office and management address: Bulgaria, city of Sofia, Lozenets district, 15 Lyubata St. on the one hand and on the other a school as an institution in the Bulgarian education system or another educational institution, collectively referred to as "Parties", for use and subscription in the online platform of the Company on the website: www.shkolo.com and its subdomains (https://app.shkolo.com and others).
These General Terms and Conditions regulate the mutual relations between the Pages, unless expressly agreed otherwise in the Individual Agreement for use and inclusion in the Company`s Online Platform described between them. These General Terms and Conditions are an integral part of the agreement concluded between the Parties for use and inclusion in the Company`s Online Platform.
In the event that individual clauses of the General Terms and Conditions contradict the provisions of a contract concluded between the Parties for use and inclusion in the Company`s online platform, the corresponding provisions of the individual contract shall apply.
These General Terms and Conditions do not apply to concluded Individual contracts for use and inclusion in the Online Platform between "Shkolo" Ltd. and the schools before the date of their entry into force.
II. DEFINITIONS
For the purposes of these General Terms and Conditions:
"Website" means the website: www.shkolo.com and its subdomains (https://app.shkolo.com and others).
"Online platform" means a set of computer programs (software) and a database located on the subdomain https://app.shkolo.com and/or other subdomains administered by the Merchant on the website www.shkolo.com and containing one or several modules, functions and services for electronic management of information and documents in the preschool and school education system;
"School" means an institution in the system of pre-school and school education in which students are educated, brought up and socialized and conditions are provided for the completion of a grade and stage and/or for the acquisition of a degree of education in accordance with the Act on Pre-school and School Education ;
"Client" means a school that has entered into an individual contract for use and inclusion in the Company`s Online Platform.
"General Terms and Conditions" means the present General Terms and Conditions, which are applied in the contractual relations between "Shkolo" Ltd and the Client according to an individual contract concluded between them for use and inclusion in the Company`s Online Platform.
"Individual contract" means conclusions between "Shkolo" Ltd and a specific school individual contract for use and inclusion in the Company`s online platform;
"Subscription Fee" means the price specified in the Individual Agreement concluded between the Parties for the use and inclusion of the Client in the Company`s Online Platform;
"User" means a natural person who is a user of the Website and has registered in the Online Platform.
III. TERMS OF USE AND SUBSCRIPTION IN THE MERCHANT`S ONLINE PLATFORM
The Company grants the Client a non-transferable, non-exclusive and temporary right to use the modules, functions and services integrated in the Online Platform in accordance with the terms and clauses of these General Terms and Conditions and an Individual Agreement concluded with the Client for use and inclusion in the Company`s Online Platform. The customer does not acquire ownership of the database, software code, design and graphics, as well as all other elements of the platform, images of intellectual property objects.
The Client`s inclusion in the Online Platform is carried out after the inclusion of an Individual Agreement between the Pages by creating a Client`s business profile, which is managed, changed and information entered by the Client or by a person authorized by him. The Client may assign its employees rights and levels of access to its known modules, functions and services in its profile, and the responsibility for the lawful determination and management of said rights and levels of access rests with the Client.
The trader is obliged to maintain, update and protect the security of the basic data in the Online Platform with the usual length from the information service providers, taking care in compliance with the requirements of the information security management standard ISO/IEC 27001:2013. However, the Company informs the Client that individual errors in the content or software of the platform are not excluded, but in any case, it is guaranteed that you are not of a nature to prevent normal access to the Online Platform. In the event that the Client notifies Shkolo Ltd. of an error in the modules, functions or services of the Online Platform, the latter guarantees that the detected errors will be corrected within a reasonable period of time.
The Client undertakes to comply with the Company`s instructions, given both in writing and in electronic form, regarding the manner and requirements for use in the Online Platform.
The customer requires to provide access to the modules, functions and/or services of the Online Platform only to authorized/authorized persons for official purposes, in accordance with the concluded individual contract and in compliance with the applicable legislation for the protection of intellectual property, for personal data and other.
The Client requires not to provide access to the modules, functions and/or services of the Online Platform to third parties, specified in item 10, for the use of the same in any manner and form, without the explicit prior written consent of the Company.
The Merchant is not responsible for the actions of the Client and/or of a person authorized/authorized by him, which actions have led or could lead to unauthorized or illegal access to personal data stored in the Online Platform.
In the event that periodic (annual, monthly and/or other) subscription fees are not paid or the subscription period has expired according to the Individual Agreement concluded between the Parties, the Client loses his rights to access the modules, functions and services in the Online Platform. Access to the modules, functions and services of the Online Platform is restored automatically after payment of the subscription fee, resp. after renewal of the Individual Contract for a new period.
"Shkolo" Ltd. informs the Client that it may use data collection technology, with a general improvement and improvement of the Online Platform. In addition, it may provide the necessary services to adapt to the Client`s preferences and to contact users and prevent illegal use of the platform, as well as to send the Client by e-mail and/or through other means of communication, notifications and information, the connection with the functionalities and content of the Online Platform.
The company reserves the right without prior notice. to the Client to change the modules, functions and services of the Online Platform and these General Terms and Conditions, when this does not conflict with the current legislation or a specific condition in the Individual Contract concluded between the Parties. In the event that the change made according to the previous sentence leads to a contradiction with the Individual Contract, the clauses of the Individual Contract shall apply. The general terms and conditions are available on the website: www.shkolo.com and the Client is required periodically independently to receive information about changes in them. When the General Terms and Conditions are changed, the Company notifies the Client in an appropriate way through a message on www.shkolo.com.
The Customer is obliged to provide, at his own expense, computer equipment and an Internet connection to access the modules, functions and services in the Online Platform according to the concluded Individual Contract with the Company. The Company is not responsible for the effectiveness of the Internet service used by the Client, through which he accesses the Online Platform.
Enter the Client`s data in connection with his activity in his business profile with his property, with the Parties regulating their relationship regarding the protection of personal data with an additional agreement to the Individual Contract concluded between them.
(1) The Company is not responsible for the inability to fulfill its obligations under the General Terms and Conditions and the Individual Contract in cases of force majeure, random events, problems in the global Internet network and others beyond the control of the Provider, including when the Client cannot provide access to The online platform, due to hardware problem with it, internet connection problem and others.
(2) The extent of the Company‘s liability under or in connection with the Individual Contract (regardless of the grounds on which such liability arises) shall be as set out in the following paragraphs.
(3) Subject to Art. 94 of the Law on Contracts and Obligations, the Company‘s total liability under the Individual Contract shall be up to an amount equal to the sums paid by the Client to the Company for the services under the Individual Contract in the relevant contract year in which the claim relates.
(4) The Company shall not be liable for any of the following:
a) loss of profit;
b) loss of data;
c) loss of use or corruption of software, data or information;
d) loss of production;
e) loss of agreements or contracts;
f) loss of opportunity;
g) loss of savings, discount or rebate (whether actual or anticipated);
h) harm to reputation or loss of goodwill.
IV. PROTECTION OF INTELLECTUAL PROPERTY
"Shkolo" Ltd. is a database producer within the meaning of Art. 93b of the ZAPSP and holder of all intellectual property rights in the Online Platform.
The modules, functions and services integrated in the Online Platform, such as names, trademarks, articles, buttons, design and others, are subject to copyright and similar to copyright with all rights reserved for "Shkolo" Ltd.
No one has the right, without the express permission of the Company, to use, reproduce, modify, transmit (electronically or otherwise), publicly display and/or provide to a third party all or part of the database and software with all the development of such software , for commercial purposes, for publishing and/or other type of activity or to derive any other benefit, as well as to take any other actions by which you violate or assist in violating the intellectual property rights of "Shkolo" Ltd in the Online Platform .
Possession or use of the database and software of the Online Platform, resp. of its individual modules, functions or services, without a legal/contractual basis is a violation of the Copyright Act and its related rights and the violator is liable under Art. 96a, Art. 96b and Art. 97 of the ZAPSP, unless its action constitutes a more serious violation, we punish under the Criminal Code.
V. ADDITIONAL PROVISIONS
The parties undertake not to distribute information about the other party or about third parties that became known during or in connection with the use of the Online Platform in accordance with these General Terms and Conditions and the Individual Agreement concluded between them.
The Company processes the Client`s personal data according to its Declaration (policy) for the protection of personal data and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council.
The declaration (policy) for the protection of personal data of "Shkolo" Ltd is available on the website: www.shkolo.com, section "Personal data".