This offer (hereinafter referred to as the “Offer”) is an offer by the incorporated company Mathiger Inc. located at 490 Post Street, Ste.526 San Francisco, CA 94102 USA, an owner of the Math Expanse Game brand and its affiliated companies to any individual (hereinafter referred to as the “User”) who has reached the age of 18, entering into an agreement in the interest of a minor. The agreement in question covers the provision of consulting services to increase the level of knowledge in the field of mathematics by providing access to the Big Math Game gaming platform located at mathgame.marabou.club and online consultations (hereinafter referred to as the "Agreement") on the terms of the Offer.
The User makes a full and unconditional acceptance (acceptance) of the Offer in relation to the receipt of services by subscribing, including entering the user's payment data or making a one-time payment for access to the gaming platform for a period of at least 6 months.
The offer is freely available. Any User can view it at https://camp.marabou.club/offer-eng/.
The Agreement is in force from the date of acceptance. The date of acceptance of the Offer is the date of registration of the subscription or the prepayment for access to the gaming platform. If the conditions set out below are accepted, the person accepting the Offer becomes the User. The User agrees and acknowledges that the introduction of changes to the Offer entails the introduction of these changes into the Agreement concluded and valid between the User and the Contractor.
Terms and Definitions
In the Agreement, unless otherwise expressly follows from the text, the following terms have the following meanings:
Game - a set of Works posted on the Site, united by a single theme, common logic and name, and having a common narrative structure and a set of practical tasks, the exclusive right to which belongs to the Contractor in full.
Platform - an information game resource on the Internet, located at mathgame.marabou.club, containing texts, graphic elements, tasks and other objects of the Contractor's intellectual property. Access to the platform is provided exclusively to users who have subscribed or made a Prepayment.
Subscription - the actions of the User, including filling out a form indicating information about the means of payment (card data), which will be used to pay for access to the gaming platform on a monthly basis. Payment instrument data is stored on the Stripe platform in encrypted form and is not shared with third parties.
User - an individual over 18 years of age who enters into the Agreement, as well as a minor child in whose interests the Agreement is concluded and who receives the Service.
Prepayment - a one-time payment by the User of access to the platform for a period of at least 6 months.
Works - tasks, texts and explanations for tasks posted on the Platform and included in the Game, the exclusive right to which belongs to the Contractor in full.
Registration - the User's actions: filling out forms on the Site and / or providing his data by telephone or email correspondence with the Contractor's manager, assigning a login (username) and password, with which the User will be able to enter his Personal Account on the Site.
Site - an information resource on the Internet on the pages of the site marabou.club. The site contains texts, graphic elements, design, images and other objects of intellectual property. The Contractor owns the exclusive right in full to all Works posted on the Site.
Tariffs - the amount of payment for using the gaming Platform, established by the Contractor and fixed on the site camp.marabou.club/mathgame.
1. The Subject of the Agreement
1.1. The Contractor, for a fee, grants the User the right to access (the right to use) the Game by opening access to the Platform. The User uses the Platform using his own personal computer with access to the Internet (hereinafter referred to as Access Services or Services).
1.2. The Contractor provides the User with access to the Game: The Contractor notifies the User about the terms of registration in the Game, after receiving a notification about the start of the Game, the User activates the player's account, indicating e-mail as login data. The creation of an account in the Game is carried out by the Contractor after the User has completed the registration procedure on the Site, the Subscription or the User has paid.
1.3. The User is obliged to ensure the confidentiality and security of his login and password used by the User to access the Game, including not to provide it to third parties. In case of loss or illegal access to the login and password of third parties, the User is obliged to immediately inform the Contractor about this by sending an email to the email address: email@example.com.
Until the Contractor receives the User's e-mail about the loss of the login and password, all actions on the Platform performed with this login and password are considered to be performed by the User.
1.4. Access services are considered to be provided by the Contractor in a proper manner and accepted by the User from the date of granting the corresponding access.
2. Rights and Obligations of the parties
2.1. The contractor is obliged:
2.1.1. Provide services in accordance with the terms of the Agreement.
2.1.2. Provide access to the Platform, provided that the User subscribes with payment details or pays for access to the Platform in accordance with the payment procedure established in the Agreement.
2.1.3 Provide information support to the User on the operation of the Platform on weekdays from 10:00 to 18:00 (EST) during the entire term of the Agreement. All questions on information support are sent by the User to the Contractor at the email address: firstname.lastname@example.org.
2.1.4. If errors/shortcomings are found in the technological part of the Site, made by the Contractor, or through the fault of the Contractor, eliminate the detected errors/shortcomings on their own and at their own expense.
2.2. The contractor has the right:
2.2.1. Without an agreement with the User, engage third parties to fulfill the Agreement, bearing full responsibility for the actions of such persons, as for their own.
2.2.2 Request from the User information, and documents for the proper fulfillment of obligations under the Agreement.
2.2.3. Change the cost of the Services on the site. Until the end of the access period paid by the User, the cost of access to the Platform does not change.
2.2.4. Suspend the operation of the Platform for scheduled preventive and repair work on the technical resources of the Contractor, as well as unscheduled work in emergency situations for up to 48 (forty-eight) hours with a total average annual availability of the Platform of at least 90%.
2.2.3. Interrupt the operation of the Platform if this is due to the impossibility of using information channels that are not the Contractor's own resources, or the action and/or inaction of third parties if this directly affects the operation of the Platform, including in case of an emergency.
2.2.4. Update the content, and features of the Site at any time at its sole discretion. At the same time, the Contractor will take all reasonable measures to carry out work on such an update during non-working hours, weekends, and/or holidays, in order to avoid interruptions in the operation of the Site.
2.2.5. Upon termination of the Agreement for any reason, the Contractor has the right, without the consent of the User, to delete all the data provided by him on the Platform without the possibility of their recovery, as well as to stop processing his personal data. The Contractor is released from any obligations related to the User's data.
2.2.6. If, after posting a new version of the Agreement on the Site, the User continues to use the Site and the Personal Account, such actions will mean the User's consent to the terms of the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, he is obliged to stop using the Site.
At the same time, continued use of the Personal Account and/or the contents of the Site will mean the User accepts the terms of the new version of the Agreement.
2.3 The user is obliged:
2.3.1. Timely and in full pay the remuneration to the Contractor for the Services of access to the Platform. Timely provide complete, reliable, and true information regarding the subject of the Agreement (including registration data).
2.3.2. Do not upload, publish, or distribute materials and information that is offensive, or otherwise violates the legal rights (for example, privacy rights, intellectual and copyright, etc.) of third parties;
2.3.3. To not publish, place, or distribute any materials and information that could mislead third parties.
2.3.4. Violation by the User of the above clauses of the Agreement is the basis for the Contractor's withdrawal from the Agreement unilaterally out of court.
2.3.5. Do not upload or otherwise make public the Works that are the content (content) of the Site, the Platform, and other results of the intellectual activity of the Contractor or other right holders, unless the Contractor has written consent.
2.4. The user warrants that:
2.4.1. I have read and agree to the terms of the Agreement and the Tariffs posted on the Site.
2.4.3. I agree that the fact of making a transition and/or pressing a key, as well as entering information and other actions through the authentication and other sections provided by the Contractor on the Site, including through the Personal Account using the User's data, means that the User performs implicit registration actions, authorization and/or input of the necessary data, agreement on the name, content, cost, and terms of the provision of services, or other actions associated with the User. All actions performed using the data of the User and the Personal Account are the actions of the User himself and proof of the will of the User.
3. The procedure for granting access to the Platform (rights of use)
3.1. The Contractor provides the User with access to the Platform on the day the Game starts if the User has subscribed in advance, or within 5 (five) working days from the moment the User subscribes or makes payment.
3.2. If the Game involves the provision of Services according to a specific schedule, such a schedule is communicated to the User in the Personal Account.
3.2.1. If the User missed the online consultation set by the schedule for a good reason (illness), the Contractor has the right to reschedule the date of the online consultation. In all other cases, funds for missed online consultations are not returned by the Contractor, and the date of the online consultation is postponed only if the Contractor has the opportunity.
4. Remuneration of the Contractor and payment procedure
4.1. The Contractor's remuneration for the provision of Access Services is determined in accordance with the Tariffs. Access services are provided to the User on the terms of a subscription or advance payment and in accordance with the payment procedure specified in the Agreement.
4.2. When subscribing, the User receives the right to free trial access to the Platform for 30 days from the date of receipt by the User of notification about entering the User's registration data on the Site and the opportunity to pass authentication. After 30 days, you will be automatically charged for the month of use. The User may cancel the Subscription before the end of the free trial period or before the beginning of the next month by sending a notification to email@example.com. If the funds were debited after receiving a notification from the user, but before the next billing period, a refund will be made.
4.3. The date of receipt of funds to the settlement account of the Contractor is recognized as the date of payment by the User for access to the Platform.
4.4. To receive lump-sum or subscription payments, the Site is connected to the Stripe payment service and the User pays for the Services with a Visa or Mastercard bank card. To pay for the Services and complete the subscription, a secure window will open with the payment page of the Stripe processing center, where the User must enter the bank card details. For additional authentication of the cardholder, 3D Secure technology is used. If the User's Bank supports this technology, the User will be redirected to its server for additional identification. Information about the rules and methods of additional identification is available at the Bank that issued the bank card.
After entering card details:
if the User has subscribed, then the card data will be saved and a free trial period of 30 (or more) days will be set. After the end of the free trial period, the payment for the Services for 1 (one) month of using the Platform will be automatically charged. Payment will be charged monthly in accordance with the terms of the Agreement.
if the User has made a prepaid payment for several months of access to the Platform, then payment for the Services will be made at a time.
The user will receive a payment receipt to the email address provided during registration.
5. Security guarantee
5.1. The Stripe payment system protects and processes the User's bank card data according to the PCI DSS security standard. Information is transferred to the payment gateway using SSL encryption technology. A further transmission of information takes place over closed networks with the highest level of reliability. Stripe does not share the User's card data with the Contractor and other third parties. For additional authentication of the cardholder, the 3D Secure protocol is used. If the User has questions about a payment made, the User may contact Stripe customer support at https://stripe.com.
5.2 The personal information provided by the User (name, address, telephone, e-mail, credit card number) is confidential and not subject to disclosure. The User's bank card data is transmitted only in encrypted form and is not stored on the Contractor's Web server. The security of online payment processing is guaranteed by the Stripe payment system. All transactions with payment cards take place in accordance with the requirements of VISA International, MasterCard, and other payment systems.
6. Intellectual property
6.1. The exclusive right to the results of intellectual activity (Website, Platform, Works, and other programs owned by the Contractor), access to which is provided under the Agreement to the User, belongs to the Contractor in full.
6.2. The user is not entitled to:
7. Liability and guarantees of the Parties
7.1. The Contractor does not bear legal, material, and/or other responsibility for the content, quality, relevance, and compliance with the current legislation of information, and materials provided by the User.
7.2. The Contractor does not participate in legal disputes between the User and third parties, on whose side, and under no circumstances, the User is solely responsible to third parties in the event of any claims from the latter.
7.3. The Contractor shall not be liable to the User for the quality of the connection to the Internet, related to the quality of functioning of the networks of Internet providers, the functioning of the equipment and software of the User, and other circumstances beyond the competence of the Contractor.
7.4. The User confirms that he is aware that the Agreement and its execution in no way entail the transfer to the User of any rights belonging to the Contractor to the Platform, the Site, and its contents.
7.5. If the User violates the terms of the Agreement, the Contractor reserves the right to deactivate and remove the User's access to the Personal Account, as well as block the User's access to the Site, Personal Account, and the Platform.
7.6. The User guarantees the provision of reliable information under the Agreement.
7.7. The User guarantees that at the time of the conclusion of the Agreement, he is not bound by any contract or agreement with third parties that could in one way or another interfere with the full or partial implementation by the Parties of all provisions of the Agreement.
7.8. The Contractor is liable to the User only within the limits of paid services.
7.9. The Contractor is not financially liable to the User and does not return to the User the money paid under the Agreement if the Services were not provided due to the fault of the User, in particular, due to the violation by the User of the terms of the Agreement.
The Contractor shall not be liable for non-fulfillment or improper fulfillment of obligations under the Agreement, as well as for possible damage arising from:
7.10. If the User violates the terms of the Agreement, the Contractor has the right to block access until the User eliminates the violations and reimburses (compensates) the losses caused to the Contractor by such a violation in full and/or terminates the Agreement with a corresponding notification to the User at the User's e-mail address specified during Registration on the Site. At the same time, the violation by the User of the terms of the Agreement, which entailed adverse consequences for the Contractor (including damage, administrative and other liability, warnings from law enforcement and other executive authorities, and claims of third parties) is the basis for the Contractor to terminate the User's access to the Site and the Platform, while the funds paid by the User are non-refundable and are recognized by the Parties as compensation for damages for the User's actions in excess of other losses.
8. Validity and procedure for termination of the Agreement
8.1. The Agreement comes into force from the date of its acceptance by the User and is valid until the Parties fully fulfill their obligations under the Agreement.
8.2. The Agreement may be amended, terminated by agreement of the Parties, as well as terminated unilaterally out of court if one of the Parties refuses, in the manner and within the time limits stipulated by the Agreement.
8.2.1. The Contractor has the right to refuse to execute the Agreement unilaterally out of court in case of a significant (including negative consequences, gross violation, intent, causing harm and damage) violation by the User of the terms of the Agreement.
9. Dispute Resolution
9.1. All disputes regarding the execution of the Agreement that have arisen between the Parties shall be resolved through negotiations.
9.2. If no agreement is reached between the Parties on the disputes that have arisen through negotiations, the Party is obliged to send a pre-trial claim to the e-mail address. For the purposes of sending a claim, the Contractor's email addresses specified in the details and the User's email addresses specified during Registration are used. The term for responding to a claim is 10 (ten) business days. If the dispute is not settled after the claim is submitted, the dispute is submitted to the court at the location of the Contractor.
10. Force majeure circumstances (force majeure)
10.1. The Parties are released from liability for partial or complete failure to fulfill obligations under the Agreement, if the failure was the result of force majeure circumstances that arose after the conclusion of the Agreement, or if the failure to fulfill obligations by the Parties under the Agreement was the result of extraordinary events that the Parties could neither foresee nor prevent reasonable measures.
11. Other terms
11.1. Any notices, requests, or other messages (correspondence) submitted by the Parties to each other must be in writing and sent to the receiving Party at the email address firstname.lastname@example.org and from the User's address specified during registration on the Site.
The date of receipt of correspondence is the date of receipt of the electronic confirmation of delivery if sent by e-mail (or in the absence of such, the moment the message is sent.
When considering disputes in court, the correspondence of the Parties by e-mail, as well as correspondence through the Personal Account, will be recognized by the Parties as sufficient evidence.
11.2. When changing the legal status, address, bank details, or data, the Party that has such changes is obliged to notify the other Party within 5 (five) working days from the date of such a change in writing by e-mail. Until such notification is received, all transactions made using the previous details are considered to be properly performed.
11.3. If one or more provisions of the Agreement are for any reason invalid, or unenforceable, such invalidity shall not affect the validity of any other provision of the Agreement, which shall remain in force.
11.4. Without conflicting with the terms of the Agreement, the User and the Contractor have the right to draw up an agreement for the provision of services at any time in the form of a written bilateral document sealed and signed by the Parties.
11.5. During the term of the Agreement, as well as upon its expiration, the Parties undertake not to disclose or use in their own interests, as well as in the interests of any third parties, any confidential information, including business, commercial, technical and other information that cannot be known to the Parties from publicly available sources, transferred by one Party to the other Party and which became known to the Parties in connection with the conclusion and execution of the Agreement.
11.6. The User is not entitled to transfer his rights under the Agreement to a third party without the written consent of the Contractor.
11.8. By entering into the Agreement (by filling out a Subscription or making advance payment for access to the Platform), the User confirms the circumstances and guarantees that:
Appendix No. 1 to the Terms and Conditions
The User has the right to refuse to execute the Agreement on the terms provided for by these rules for the return of funds (hereinafter referred to as the Rules).
The User shall exercise his right to refuse by notifying the Contractor, which must be sent to the email address email@example.com, while:
To cancel the Agreement, the User sends an email to firstname.lastname@example.org indicating:
If the data is insufficient and/or inconsistent, the Contractor sends a letter in response to the return application about the impossibility of verifying the applicant with the Platform User. Upon successful verification of the identity of the applicant (User), the refund is made within 7 (seven) calendar days from the date of receipt by the Contractor of the notice of return, while access to the content of the Site, Platform for such a User is terminated within 1 (one) business day from date of receipt by the Contractor of the relevant application.