Bristar, private enterprise (hereinafter referred to as «the Executor», or «We» or «Us», or «The Company») offers you to use this Platform, which includes web-sites, mobile applications, computer programs, games and services under terms set out in this Agreement.
By accepting this Agreement (hereinafter referred to as «The Agreement»), You conclude an Agreement with the Executor, which defines obligations and guarantees of the parties, access or using of web-sites, mobile applications, computer programs, content, games and services (hereinafter referred to as «Services») by the natural person (You), together with binding rules, during using of the services. The Agreement is regarded as being concluded at the moment when the User accepts all its conditions. Using of any web-sites, mobile applications, computer programs, content, games and/or fact of sign-up on the web-sites of the Executor or in the mobile application, installing of a computer program or game, owned by the Executor and are part of the Platform will be considered as accepting this Agreement.
This Agreement is a legal document, which clarifies Your rights and obligations as the User of the Platform. Please, review this Agreement before gaining access to the Platform and using services. In this Agreement words «include» and «including» mean «including but not limited to».
In case of your not accept this Agreement, you shall not gain access to the services or use them. In case of User’s disagreement with any of the terms of the Agreement, the User is entitled to refuse to conclude the Agreement and shall leave the Platform. Sign-up on one of the Executor’s web-sites or in the mobile application, installation of the computer program or the game will constitute a reaffirmation of the consent with the terms of the Agreement. In case of the User’s disagreement with terms of the Agreement, the User shall refuse to sign in on the web-sites or in the mobile application, to install a computer program or game.
This Agreement supersedes preliminary agreements, contracts and arrangements with You. The Executor may terminate the Agreement or any other services for You or suspend the work of any web-site, mobile application, computer program or game, providing services or to ban access to services or any of their part at any time for whatever reason.
Additional conditions may be applied to particular services, such as policy of the particular service or activity, and such additional conditions will be revealed you in connection with relevant services in special rules, policy etc. Additional terms and policies are considered to be an integral part of this Agreement. Additional terms shall have priority over this Agreement in case of conflict regarding respective services.
The Executor may alter the terms of the Agreement as well as policies and additional terms. Alterations shall enter into force after publications of the renewed Agreement or changed policy or additional terms on the web-sites. Further using of the Platform and services by You after such alteration shall mean your consent to be bound by this agreement with alterations.
This Agreement is an agreement of accession on providing informational and educational services (The Public offer).
And the User, a natural person of full legal capacity or a natural person with the consent and accompanied by one of the parents, guardian or curator, who possess full legal capacity, and apply apply to the Executor as prescribed by this Agreement in order to gain services and signed up on one of the web-sites or in mobile application, installed the computer program or game, hereinafter individually and collectively referred to respectively as “the Party” and “the Parties”, have concluded this Agreement (hereinafter referred to as «the Agreement») articles 634, 641 of the Civil Code of Ukraine.
2.1. Acceptance means full and unconditional User’s consent with all provisions defined in the Agreement, as well as rules and policies, which are an integral part of this Agreement (in case of their presence) without disclaimers and exceptions. The fact of signing-up on any web-side or in the mobile application, installation of a computer program, game and/or using the web-site, mobile application or computer program or game will be considered as acceptance.
2.2. Balance means a field in a menu of the User’s account, which demonstrates availability of advances.
2.3. tExecutor means the private entity «Bristar».
2.4. Accession Agreement means an offer to conclude a sStandard form contract between the User and the Executor, that defines mutual rights and obligations concerning rendering and gaining services, inter alia via the Internet and a local net (hereinafter referred to as «Services») and establishes rules, binding during using of the Platform.
2.5. User means a natural person of full legal capacity or a natural person with the consent and accompanied by the one of the parents, guardian or curator, who possess full legal capacity, and accepted conditions of the Agreement with the User and signed-up on the web-side or in the mobile application.
2.6. Crystal means a standard unit, used for establishing cost of services and acts as an indicator of availability of advances.
2.7. Mobile application means computer software, designed for running on smart phones, tablets and other mobile devices, that provides access to the Executor’s services.
2.8. Account means an electronic interface for using capabilities of the Platform, access to which is provided by personal access identifications (log in, password).
2.9. Platform (Universinet) means the set of web-sites and mobile applications, computer programs with content, games, accessible services and technical capabilities, placed on the Platform.
2.10. Tutor means a person, who is registered as prescribed by the Contract with a Tutor and accepted terms of the Agreement.
2.11. Registration means acceptance of the terms of this Agreement; this is the procedure during which the User provides the Executor with necessary information for using of the Platform and rendering of the services by filling the relevant information on one of the web-sites or mobile applications. Registration is regarded as being accomplished just in case of successful completing of all steps relevantly to the instructions, placed on the web-site or in the mobile application.
2.13. Support Service means a special service of the Executor, that consults Users and Tutors on their requests and fulfills other functions established in this Agreement (in particular, helps Users and Tutors in technical issues). The ways to gain the Support Service are specified on the main page of the web-site.
2.14. School server (Unibox) means a soft- and hardware complex, which serves to provide the free admission to some paid services and games for the Users. The school server is delivered to schools according to the Agreement on rendering services on the month subscriber fee.
2.15. Computer program means computer software, designed to work on a personal computer, laptop or other stationary devices, which provide access to the services of the Executor.
3.1. Under this Agreement the Executor allows Users to use web-sites, mobile applications, computer programs and games in order to gain access to educational materials and games and use them privately, gain another services, and the User shall use web-sites and mobile applications, computer programs as well as educational materials under terms of this Agreement. The Platform does not bring Users together, but they have an opportunity to contact independently within the functionality of the Platform.
3.2. Executor’s services are provided on the basis of the principle «as it is». The Executor doesn’t guarantee absence of any bugs, as well as uninterrupted work of the Platform or the fact, that services will meet aims and expectations of the User.
3.3. Universinet is an educational and communication Platform. Users may also buy online-lessons, access to learning games and another content. Services in understanding of this Agreement constitute providing the User with the opportunities according to the terms of this Agreement, in particular:
• to use free learning games and other free educational content, which is available by clicking on a link КОНТЕНТ
• to buy or gain online-lessons and access to learning games, online-webinars and another educational materials, which are not free;
• to gain access to some paid services by accessing to the school server;
• to communicate and share experience, content, information with other Users or Tutors.
3.4. A list of services may be changed, increased or decreased at discretion of the Executor. Actual information concerning the services is published on the Platform.
3.5. Choice for interaction is carried out by free decision of the User.
3.6. Services are provided exclusively for your personal non-commercial using, unless otherwise provided by the separate written Agreement with the User.
3.7. The User admits, that the Platform does not provide legal, tax or any other advices.
3.8. The Executor does not assume responsibility for any exchange of information among Users, Users ad Tutors and implications of such exchange.
3.9. The Executor does not possess educational material, which is produced and owned by the Users, Tutors (authors of such content).
4.1. In order to use the Platform and gain services, You shall sign-up or use the User’s account, created previously on the Platform.
4.2. Creating of the User’s account is forbidden if:
a) You are not a natural person at the age of 18 and older and do not possess full legal capability (in the state of residence) or you are an infant, who acts under supervision and with the permission of parents or persons, authorized to guardian the infant. Corporations, limited liability companies and commercial entities shall not create a User’s account;
b) You are not a person, whom the Executor individually prohibited to use the Platform.
4.4. The Executor shall actualize any data, input by the registrations on the Platform in case of changing.
4.5. The Executor does not assume responsibility concerning checking and altering information, entered by the User during signing-up on the Platform.
4.6. During creating of the account the User may have to choose a unique name (login) and/or a password (together described as «Information for enter» below). You consent, that you shall not use Your real name as the password to the account and you shall not share the account of information, used for entering, with any other third parties.
4.7. The Executor is liable for preservation of confidence of information, necessary for entering and bears responsibility for all attempts of using information to enter the account, including payments as the advance and using of such funds to carry out access to paid services of the Platform, regardless, if it is carried out and permitted by the User. In case of realizing or profoundly presuming any security breach, including but not limited to any loses, stealing or unsanctioned disclosure of information for enter, the User shall immediately reform the Executor on this issue under link: Contacts
4.8. Juveniles may use the User’s account, created by one of their parents or by the legal guardian. In case of consenting with the fact, that your infant child or another person, who is under your guardianship, uses the User’s account on the Platform, you consent with Agreement on your own behalf and on behalf of your infant and understand and consent, that you will assume responsibility for using the User’s Account by your infant or another person, who is under your guardianship.
4.9. The Executor reserves at his own discretion the right to refuse, suspend or cancel User’s access to the Platform and services after revealing, that any information, provided in any form or placed on the Platform, or any conduct in any way breaches this Agreement or misleads or can result in any moral or material damage, or which can be used for fraud or abuses law, or on for some other reasons at the Executor’s own discretion.
4.10. Parties agreed, that the User may be authorized on the School server, using hie account. In this case, using of the School server’ capabilities is regulated under provisions of this Agreement on grant of the license to use computer programs.
4.11. User’s authorization on the School server is carried out by the subject, who is a subscriber according to the Agreement on grant of the lcese to use the computer programs, at his own discretion according to the provisions of this Agreement.
4.12. By using access to the School server, the User confirms, that he is asare of respective Agreement on grant of the license to use the computer program and is obliged to use capabilities of such School server given all its provisions.
5.1. Terms of providing services are following:
a) User’s familiarization with terms of this Agreement and acceptance of these terms;
b) compulsory User’s registration on the Platform with filling all mandatory fields, including information for entrance: login and password;
c) User’s technical ability of access to the Internet for gaining services online;
d) Executor’s ability to identify the User on the basis of access requisites;
e) an appropriate amount of advances, paid in by the User and debiting of these advances in order to gain paid services;
f) legality of the information, provided by the User according to law of Ukraine and absence of claims of the third parties concerning this information, that can be offensive for any Users, Tutors and/or the Executor.
5.2. Users and any other persons are prohibited from:
a) performing any acts (among others with using of computer software), aimed at the Platform malfunction;
b) attempts to gain access to any account, which is not owned by this person, by hacking, permutation of passwords or by any other means;
c) uploading, reservation, publication, sharing and providing access any by any other means using viruses and other malwares on the Platform or through it or by its using;
d) using automatized scripts (programs) for collecting information on the web-sites and (or) interaction with the web-sites, mobile applications and by using these services;
e) using funds or electronic currency, gained by illegal means, in order to pay advances;
f) deleting any copyright sign, trade mark or by any other means putting away declared reports on the rights of objects, owned by the Customer and/or his licensees;
g) new-creating, altering, creating of derivative performs on basis of the materials from the Platform or materials, gained during rendering services to the user; sharing, licensing, renting out, selling, reselling public demonstrating or public performing, creating of flow,public placing or by any other means exploiting services, except in the cases, specially agreed with the Executor;
h) committing illegal selecting and processing of personal data.
5.3. A paid service is regarded as being rendered from the date User gains access to the game or content.
5.4. The Service in the form of the private lessons is consumed during giving such a lesson and is considered to be provided since the private lesson is over.
5.5. The paid Service is considered to be provided properly in case of absence of motivated claim of the User within 10 calendar days from the moment of providing such a Service. Absence of claims demonstrates, that Services are provided properly, entirely accepted by the User and that the Acceptance Certificate (hereinafter referred to as «The Certificate» is considered to be signed.
5.6. The Act may be provided to the User in an electronic form to the address as specified at the account exclusively on demand.
5.7. Demand shall be executed as a claim to the Executor (Support Service) in any format. The Executor may require additional information for providing such a Certificate.
6.1. The executor is entitled:
a) to introduce amendments and/or supplements to the terms of this Agreement unilaterally without any special notification to the Users on such amendments and/or supplements, but with publishing a new edition on the web-sites and in the mobile applications with notifications on amendments and/or supplements to the terms of the Agreement on the main pages of the web-sites and mobile applications;
b) to close or suspend work of the web-sites and mobile application or their any part, to alter web-sites, mobile applications, computer programs, games, services entirely or partly without prior notification to the User to introduce amendments to Executor’s information, published on the web-sites or in the mobile applications;
c) to carry out preventive maintenance in order to keep high functionality and upgrading of the Platform;
d) to establish and/or alter cost of the services unilaterally at his own discretion by publishing new prices on the web-sites, in the mobile applications, games;
e) to establish and/or alter unilaterally the equivalent of the Crystal to hryvnia;
f) to alter the list of the services or cease providing the services;
g) to collect and processing data in order to maintain statistics;
h) to send e-mails to the User and/or SMS-messages, which contain information about the web-sites, mobile applications, computer programs, games, services of the Executor or information of advertisement character, etc;
i) to issue warnings to the User, to limit or withdraw access to the User’s account, to limit or prohibit access to the web-sites, mobile applications, computer programs, games and take technical and legal measures, so the User could not use the Platfrom in case of:
- gaining obligatory decisions of respective public authorities;
- discover of violations of the terms of this Agreement, committed by the User and/or infringing of legislative requirements of Ukraine;
- committing such acts by the User, which caused or can cause damaging the business reputation of the Executor.
j) to suspend User’s access to the Platform in case of technical faults in order to fix them. The Executor takes measures to fix technical faults in the shortest possible time, but does not guarantee absence of mulfunctions and errors.
6.2. After signing-up the User is entitled:
a) to gains services of adequate quality;
b) to use appropriate functional capabilities of the Platform to recover the lost password;
c) to submit User’s wishes and/or suggestions concerning improvement of the Platform to the Executor;
d) to gain information about the Executor to the extend, prescribed by the Agreement and existing legislation of Ukraine;
e) to pay advances and use them for defrayal for paid services.
6.3. The User if obliged:
a) adhere to the terms of the Agreement;
b) not to breach copyrights of the Executor and the third parties;
c) to fulfill to requirements of the Ukrainian legislation;
d) to use access to the Platform, services, information and content, which he gains by results of obtaining the services just for personal purposes, not related to remittal to the third parties to temporarily use the access to the Services or publishing specified information on any web-sites in the Internet or outside the Internet.
7.1. Besides free Services the User may have an opportunity to gain access to paid games, content, Services, including private lessons with Tutors.
7.2. The User is entitled to make advances in order to gain paid Services. The minimal amount of advance is defined in the price policy of the Executor.
7.3. Advance is paid by the User by any convenient way among those, which are specified on the methods of payment on the Platform. Amount of presented, but not used advances is shown in the menu «Balance» on the User’s account.
7.4. The equivalent of the Crystal to hryvnia is defined by the Executor in the separate price policy, which is an integral part of this Agreement. The User may have an opportunity to check his balance in order to gain actual information concerning presented advances.
7.5. For User’s convenience the equivalent of Crystal to hryvnia can be specified in another currency. In this case any conversions are performed being based on commission of payment system of the bank, which performs such conversion. Any conversions are performed at the expense of the User. Comissions to the payment systems are paid to the User’s account.
7.6. Crystals shall by no means be considered as electronic currency and are used only in order to maintain the playing format of the Platform.
7.7. Prices and access to the games, content and gaining of the Services are priced in Crystals.
7.8. By choosing a particular paid Service and clicking on the field «pay» at the menu, the User confirms hereby with all terms and conditions of the chosen Service, including its cost.
7.9. Debiting of Crystals from the User’s balance shall be considered as debiting of advances for provided Services.
7.10. Advanced payments shall not be subject to refunding to the User and may be used exclusively for gaining access to paid games, content and Services within the Platform.
8.1. The Executor is an owner or a licenser of all rights, related to the Platform, games, accounts, as well to all their functions and components. The Platform and games may contain materials, licensed by the third parties in favor of the Executor, and these third parties are entitled to advance their own claims, based on their ownership in case of breaching by the third parties term of this Agreement. The Executor does not assume responsibility for breaching the rights of the third parties-licensees of the Executor, committed by the User.
8.2. The Executor owns or licensees including, but not limited to the following:
a) whole virtual content, shown on the Platform and in the games, in particular:
• visual components: game zones, art works, structure or landscape design, animation and audiovisual effects;
• items, concepts stories and story lines;
• characters: names, commonalities, as well as remarks of the game characters;
• elements: virtual goods, currency, herb, cloth, animals etc.;
b) all data and communications, created and presented on the Platform and in the games;
c) all sounds, compositions and records, as well as sound effects of the Platform and the games;
d) computer password, including input password;
e) titles, methods of work, computer software, accompanied documentation and all other original works of authorship, which are contained on the Platform and in the games;
f) all accounts. The Executor does not allow the remittal of the accounts. The User shall not buy, sell or present the account, as well as offer any account for buying, selling or presenting- any similar attempts shall be considered as null and can lead to loss of the account;
g) all material rights, which are connected with the platform or gams, in particular, copyrights, as well as right on the integrity of particular original works of authorship;
h) right to create derivative works.
8.3. Audio-, video- and graphic materials, produced during rendering the Services by the Tutors are owned by the Tutors and are licensed by each Tutor within rendering Services Users for own commercial using for the purpose of studying.
8.4. The User agrees, that he will not create any works on the basis of the content, games or results of the provided Services with commercial purpose, except in cases, directly specified by this Agreement or by the separate contract between the Executor, the Tutor or his licensee.
8.5. The Executor shall not breach Tutors’ rights and use gained content with a commercial purpose. The User independently bears responsibility for breaching any of the Tutor’s rights.
8.6. The Executor is not liable for breaching of the rights of the third parties by the Users.
8.7. The Executor does not bear responsibility for preservation on the Platform of any information, that is created by the Tutors or the Users during communication, rendering/ gaining Services.
8.8. In the process of gaining provided Services with engagement of the Tutors and gaining of the content, which is owned by such Tutors during gaining such Services, the User gains from the Tutor an eternal and irrevocable license without territorial restrictions pursuing own benefits, without sublicensing rights, as well as without right to alter, create related works, share, demonstrate and perform publicly or by any other means use them in own commercial purposes, except in cases of written consent of the Tutor.
9.1. The Executor grants to the User the right (as much as it will be technically possible according to the options of the Platform, specified additionally in respective menus) to render, upload, publish or by any other means to make available for the Platform, Users and Tutors text, photo, audio and video materials and information, including comments, related to the Services, feedbacks, sharing of the latter among the Users as well as among the Users and the Tutors.
9.2. The Executor preserves the right to define the format, in which Users will upload content as well as permitted file size. In case of file exceeding of the file size or in case of non-matching of the file format to the formats, defined by the Executor, the User shall not upload these files.
9.3. By using or gaining access to the Platform or the Service, the User consents, that the Executor may collect and se content, placed by the User on the Platform (Users’ content) and respective information under terms of this Agreement. The User also recognizes and consents, that such information about him may be used by the Executor at his own discretion.
9.4. The Executor may immediately delete any information, including the User’s content, in case of termination of the Agreement.
9.5. Any User’s content, which is uploaded on the Platform remains User’s property. Nevertheless by uploading content on the Platform or creating it on the Platform the User provides the Executor with an eternal and irrevocable, free license without territorial restrictions including the sublicensing rights, rights to copy, alter, create related works, demonstrate and perform publicly or by any other means use such User’s content pursuing own benefits in all formats and canals of extension, which exist now and will be created in the future (in particular, in connection with Services and business of the Company and third parties or their Services), without any notification or gaining consent from the User.
9.6. The User agrees not to provide User’s content, which is damaging, detractive, pornographic, with elements of violation, indecency, illegal or by any other means offensive by its nature.
9.7. The Executor may, but not obliged to overview, monitor or delete User’s content at his own discretion at any time for whatever reason, without any notification to the User.
9.8. The User confirms and guarantees the following:
a) The User is the only and exclusive owner of all User’s content and possess all rights, license and permissions, necessary for providing the User’s content license on the Platform;
b) neither User’s content, nor his uploads, remittal, publication or any other act, which makes such content available, nor using of this content by the Executor or other Users, as it is subscribed in the Agreement, breach or by any other means illegally assigns and/or restricts intellectual property rights of third parties or their property rights, or rights of the third parties on private life, and will not result іn breaching of applicable law or regulation.
10.1. The Executor and the User are liable for breaching the terms of this Agreement according to the existing legislation of Ukraine.
10.2. Any disputes, arisen from this Agreement or which are related to it, will be settled by negotiations between the parties. If the respective dispute cannot be settled by negotiations, it will be settle in a judicial proceeding in line with the jurisdiction of the court in accordance with the existing Ukrainian legislation.
10.3. The Executor does not bear responsibility for the quality of provided Services, including (but not limited to) cases, when the User provided the Executor with disinformation or did not report facts or information, that can be of substantial importance for rendering such Services.
10.4. The Executor assumes responsibility for the User for direct damages, caused by the Executor’s acts, to the extent of amounts, paid by the User for the Executor’s Services.
10.5. Under no circumstances assumes the Executor responsibility for the User or for any other third parties for any indirect, random, undeliberate damages, including denied profit, harm of credit and dignity or business reputation, related to the use of the Platform, its content and other materials, accessible for the User and other persons by using the Platform.
10.6. The Executor does is not liable for any damage or loss, born by the User or third Parties, resulted in wrong perception or misperception of the terms of this Agreement.
10.7. The Executor does not bear responsible for accuracy of information, published on the web-site by the Users or the Tutors, and/or correctness of speeches of the Users and Tutors.
10.8. None of the Parties shall be responsible for non-compliance or improper compliance of the terms of this Agreement, if it is caused by force-majeure, namely inexorable circumstances or circumstances of irresistible force. The parties are not liable for failure to perform their obligation under the present Agreement, if such failure was caused by force-major circumstances viz., fire, flood, earthquake, tsunami, tornado, typhoon, slides, sill flows, snow breaks, volcano eruptions and other natural catastrophes; war, revolutions, coups, strikes, terror and sabotage acts, loots, accidents in electric or processing systems, legislation amendments, acts of state authorities and their officers if these circumstances directly impact on the fulfillment of this Contract and their appearance is legally witnessed.
10.9. In case of closing account, the User shall have no claims towards the Executor with regard to any suspensions or cessations of such actions concerning the account.
10.10. The Executor does not guarantee non-stop and continuous work of the Platform without defects and bugs and shall not be responsible for despairs on the work of the Platform or games.
11.1. This Agreement comes into force after the date of its signing by the Parties from the moment, when the User signs up on one of the web-sites, mobile application or installs a computer program, game.
11.2. A text of this Agreement is open and generally available. Current version of the Agreement is published on the web-sites of in the mobile applications.
11.3. This Agreement may be altered and/or supplemented by the Executor unilaterally without special notification to the Users on amendments and/or supplements. All alterations come into force since their publication. The fact of continuing use of the Platform confirms User’s consent with such amendments and/or supplements.
11.4. The User may terminate this Agreement of his own free will by sending open claim to the Executor (Support Service).
11.5. Termination of the Agreement does not oblige the Executor to reimburse the User advance payments, transferred for the Services as well as any other expenditures.
11.6. By creating the account, You consent, that the Executor may send you information reports (SMS), messages or e-mails as part of normal business operations within Your using of the Services. You may refuse to get SMS and/or e-mails of the Executor by applying to the support service at any time. You understand and confirm, that refusal to get SMS and/or e-mails can cause changes in Your using of the Services (failure of access, etc)
11.7. The Agreement is considered to be terminated from the moment of deleting User’s account.
11.8. Ukrainian legislation is applicable to this Contract. Relations, which are regulated with this Contract, will be regulated according to existing Ukrainian legislation.
11.9. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability of other provisions of this Contract, which remains fully valid, unless otherwise if provided by Ukrainian legislation. Impossibility to provide ensuring for any rights and provisions of the Agreement by the Executor shall not mean refusal of such rights or provision from the Executor.
11.10. This Agreement is concluded in Ukrainian and does not require bilateral signing and is valid for the Parties in electronic form.