Terms and Conditions of beneDeo.com Website and Mobile Applications
The present Terms and Conditions (hereinafter referred to as "Terms") determine the conditions of use of beneDeo.com website and mobile applications, hereinafter referred to as "Website".
BeneDeo.com website is an on-line SaaS Software as Service platform for Archdiocese, Dioceses, Parishes and Organizations which enables publishing and viewing religious-themed content, such as: sermons, retreats, catecheses, musical pieces, videos and materials of organisations promoting Christian values, in text, audio and video formats.
- Administrator – of the personal data (hereinafter “Data”) provided and shared in connection with using the Website, is the company beneDeo.com Inc, 535 Mission Street, San Francisco, CA 94105, Contact: support@beneDeo.com
- Website – an IT platform functioning on and using the Internet, at the address: http://www.benedeo.com/ and via other websites, including websites (subsites) of partners with whom the Website is integrated; created and maintained by the Administrator, containing Materials and Data shared with the Users.
- Content – Data and Materials or their parts, excerpts, elements or versions.
- Data – all information, data, elements, materials, algorithms, schemes, works, designations, names, marks, symbols, images, recordings, of which the Website consists and which are published on the Website by the Administrator, notwithstanding their character, format and method of recording or presentation.
- Materials – all information, data, elements, materials, algorithms, schemes, works, designations, names, marks, symbols, images, recordings, notwithstanding their character, format and method of recording or presentation, published on the Website by the Publisher. Materials shall only be of pastoral, formative, evangelization or Christian-value-promoting character. Materials shall not concern political events or be journalistic works.
- User – Visitor and/or Publisher.
- Visitor – every person who, by any of their actions, acquaints themselves with the Content.
- Publisher – every person who publishes any Material on the Website. Publishers may only be:
- members of clergy or orders performing pastoral, charity, formative and evangelization work;
- secular persons performing documented evangelization work in accordance with the doctrine of the Catholic Church;
- non-profit organisations, Church entities and other institutions promoting Christian values, on behalf of whom natural persons with legal capacity perform their actions. Only entities who registered successfully on the Website and have an active Profile and Account may be Publishers.
9) Account – the element of the Website through which the User may use services offered by the Website.
10) Profile – a collection of Materials voluntarily published on the Website and shared with others, presenting the given Publisher and constituting a part of their Account. In their Profile, the Publisher may publish, with the reservation of exceptions indicated in the Terms, Materials concerning only Christian spirituality, indicated in section I.5).
11) Login – individual and unique e-mail address used by the User to log into the Website, which was indicated by the User during the registration of the Account.
12) Non-exclusive License – agreement to use Materials under the conditions stated in the Terms, in particular indicated in section IV.15. of the Terms. Non-exclusive License means that the entirety of author's rights, both economic and moral, remains on the side of the Publisher, who grants the Non-exclusive License and agrees only for the use of Materials without transfer of rights to them. The Non-exclusive License means that the Publisher may grant permission to use Materials also to other entities, at the Publisher's own discretion, not restricted by the present Terms. Non-exclusive License granted for the use of Materials on the basis of the present Terms concerns both author's rights and related rights, i.e. performance rights and the rights to a phonogram and a videogame.
II. General provisions
- The Administrator is the creator, the administrator and the owner of all rights to the Website.
- The Website may be accessed through the address http://www.benedeo.com/ and through the Android and iOS mobile applications as an ICT and IT resource. The Website consists of Data and Materials.
- The Website was created in order to allow the Users to get acquainted with the Content and publish Materials under the conditions provided for in the present Terms. Any other use of the Content or the Website is prohibited and infringes on the rights of the Administrator and/or other Users.
- Every User may be both a Visitor and a Publisher. Visiting the Website is independent from Publishing and vice versa.
- All rights to the Website, its name, internet domain and Data constitute an exclusive property of the Administrator and may only be used in accordance with the Terms.
- All activities not expressly permitted by these Terms are prohibited, in particular those which would destabilize the work of the Website, hinder the access to the Website or the Content or the use of the Website. It is prohibited to act to the detriment of the Administrator or the Users or to threaten their rights or interests.
- To avoid any doubt it is stressed that the Website may be of partly or entirely commercial or non-commercial character, contain any advertisements, and any services may be provided via the Website. The use of the Website or the Content by third persons under the Licenses granted in accordance with the Terms is free of charge.
- The Administrator of the Website does not provide archiving or storage services for the Materials and thus does not bear responsibility for constant access to Materials and Data on the Website for the Publisher or the Users, distortion or deletion of Materials or Data, or problems with accessing the Website and its parts.
- As part of the services provided to the Users on the Website, the Administrator may send information to a User at the e-mail address provided by the User during registration, concerning the actions of other Users in regard to the User's profile, other Profiles which may suit the User as well as information relevant to the provision of service. The character and amount of the disclosed information may depend on the type of the User's Account.
III. Provisions for Visitors
- Visiting the Website means any action that leads to the User becoming acquainted with the Content.
- Visiting the Website through internet search engines is voluntary, free of charge and does not require any formalities, including registration, from the Visitor. However, the aforementioned way of using the Website allows the Visitor only to view the User Profiles. In order for the Visitor to use all the functionalities on the Website, certain formalities or conditions need to be completed, including registration and creation of an Account.
- Visiting the Content means only displaying, browsing or playing the Content for personal use, directly on the Website page and/or through the Website's mobile applications and, to a limited extent, from the search engine webpage.
- Materials may be visited to the extent determined by the Publisher of the Materials, according to the functionalities of the Website.
- Visiting the Website is permitted only to the extent determined in the present Terms. The person visiting the Website, on purpose or by accident, in accordance with or against the Terms, declares themselves aware that, while visiting the Website:
- they are not granted any rights, including author's rights or related rights to the Content, with the exception of the right to visiting the Website in accordance with the Terms and the rights to the Materials published by them. The Visitor is not, in particular, entitled to record, copy, share, make public or distribute Content in a way surpassing the permitted personal use;
- they are not entitled to any intervention in the Website and Content, in particular in the subject matter, structure, form, graphics, mechanism or any other elements of the Website and the Content; they may not change, complete, modify or perform any other activity on the Content except the activities expressly permitted in the present Terms;
- when visiting the Website, the Visitor may become acquainted with Content which may disturb their beliefs or feelings;
- the Website may contain advertisements or other commercial content in various forms, with which the Visitor agrees to acquaint themselves.
6. The Visitor is obliged to abstain from any action which may have negative influence on the functioning of the Website and the good reputation of the Website and the Administrator.
7. The Visitor may create an Account by registering on the Website. Registration consists of the Visitor providing true data in the appropriate form and sending it via Internet to the Administrator, while at the same time accepting the Terms. At the moment of sending the form, the Administrator and the Visitor enter into an agreement on providing services in accordance with the Terms (hereinafter "Agreement"). The Agreement is valid for an indefinite time. The Administrator may link the signing of the Agreement with the User to the User confirming their registration in a manner indicated by the Administrator, including clicking a link sent by the Administrator to the User's e-mail address provided during registration or authenticating the data provided in the registration form. The User may terminate the Agreement at any point by deleting the Account, according to the provisions in section VIII.3) of the Terms.
8. After registering, according to the Terms, the User shall be able to use the Account available on the Website by entering a password and a Login. The Login must be unique in the scope of the Website and may not infringe on anybody's rights or interests, the law, confidentiality, or decency.
IV. Provisions for Publishers
1. The Visitor, having an Account, who, according to section I.8) of the Terms may be a Publisher, may create their own Profile, through which they gain access to the functionalities of the Website allowing them to, in particular, publish Materials. In order to create a Profile, the Visitor must fill in the form which is recognized by the Administrator and available in the tab "Become an Author" (Zostań Autorem). The Administrator, after reviewing the aforementioned form, may grant the Visitor the status of a Publisher or, in justified cases, refuse to do it, especially if a Church penalty or prohibition to express themselves in the media has been imposed on the Visitor.
2. The Publisher may voluntarily publish Materials in their Profile. The content published in the Profile by the Publisher may be controlled by the Administrator in accordance with the Terms. The Publisher is obliged to actively update their Profile by publishing Materials.
3. All Materials published by the Publisher in their Profile may be available to the Visitors, unless the User changes the appropriate settings in their Profile.
4. The User may publish any Material in their Profile, provided that the Materials do not infringe on the provisions of the present Terms and the generally applicable law, and that the Administrator has not raised objections against them. The Materials against which the Administrator has any objections may be deleted by the Administrator.
5. Publishing means intentional or accidental posting of any Materials on the Website by the User, or their deletion, editing or modification in accordance with the Terms. Publishing may consist of:
- the User placing their Profile on the Website and using their Profile in accordance with the functionalities available to the User on the Website at the given moment;
- the User placing texts, comments, images, recordings or other Materials as Content, according to the possibilities of the Website's functionalities at the given moment;
- modification, editing or deleting Materials, which the Publisher themselves placed in the Content.
6. Publishing takes place only on the basis of the functionalities of the Website, available to the Publisher at the given moment. The Publisher has the right to define the availability of the Materials published by them to other Users, according to the functionalities of the Website.
7. The Publisher guarantees that all the data provided by the Publisher in the form mentioned in item 2 above are true and do not infringe on anyone's rights or interests, the law, confidentiality, or decency.
8. Publishing of Materials on the Website proceeds according to the instruction provided as a functionality of the Website.
9. Publishing of a Material has taken place when at least one User of the Website may acquaint themselves with the Material in accordance with the Terms.
10. By publishing a Material, the Publisher declares that:
- they are the sole creator, performer and producer of the Material and all of its components, and have all the rights to the Material, or are entitled to administer, use or distribute the representations, voice, last name, nickname, data, information, slogans, marks, symbols appearing in the Material to the extent necessary to use the Material in accordance with the Terms;
- their person, representation, visual, audio or audio-visual recording with their participation or created by them, or comments, descriptions, texts, works, artistic performance or other content or statements published by the User may be subject to judgement, criticism or comment from third persons. The Administrator does not bear responsibility for the content and form of these opinions, and the Publisher frees the Administrator from such an obligation;
- the Material and its use in accordance with the Terms does not threaten or infringe on anyone's rights, personal rights, the law, decency, morality, feelings, beliefs, principles of fair competition, know how, interests, confidentiality in the eyes of the law or on the basis of an obligation;
- they are fully entitled to use and administer the published Material to the extent resulting from the Terms, and their rights to the Material and its content are not restricted for the benefit of a third person. The Publisher guarantees that their administering of the Material after its publishing shall not impact the rights of the Administrator of the Website;
- they shall free the Administrator and the Administrator's owners, employees or co-workers from any claims that may arise during the maintenance and use of Materials on the Website, in particular the Publisher shall pay the awarded or agreed remuneration, compensation or relief, eliminate the consequences of infringement, and remedy any other justified claims and cover the resulting costs, including the costs of the linked legal services.
11. At the moment of publishing the Material, the Publisher agrees (grants non-exclusive License) to the use of Materials in the scope of publishing the Material on the Website in the following forms of exploitation:
- recording and copying Materials – producing copies of Materials in digital form and in any other form which allows to display Materials on computers and other mobile devices, in particular via Internet;
- distributing Materials – public performance, exhibition, display, playing, broadcasting and re-broadcasting, as well as public sharing of Materials so that anyone may get access to them at the time and place of their choice, in particular via Internet, regardless of the number of Materials, their form, frequency, date and time of access.
12. The Publisher authorizes the Administrator to arrange and order Materials according to various criteria, including the best, the most viewed/played and the most commented Materials and to publish such rankings on the Website.
13. The Publisher authorises the Administrator to use the Materials and the representations recorded in them as part of the services provided on the Website.
14. The Publisher declares that the Non-exclusive License and authorisations mentioned in item 11 are granted without limitation of time, territory and amount, and without remuneration for the Publisher and other entities entitled to the Material. The Non-exclusive License is granted with the right to grant further sub-licenses to the Users by the Administrator. Termination of the Non-exclusive License takes place only through effective deletion of the given Material by the Publisher in accordance with the Terms.
15. The Publisher agrees to the Users judging the Publisher's Materials. The Publisher, by adjusting the appropriate settings on the Website while publishing the Materials, may turn off the possibility of judging the Materials published by them.
16. The Publisher agrees and authorises the Administrator, as part of the rights described in item 11, to exercise derivative rights to the Materials and administer them. The Administrator or a person designated by them is authorised to introduce changes to the integrity of the Materials, in particular in their order, arrangement, combination with other performances or works in order to increase the Materials' attractiveness and adapt them to the purposes of the Website, and to use these versions of Materials to the extent described in item 11. In the scope of the Administrator's rights, mentioned in the present item, the Administrator may, in particular:
- add titles and tags to Materials,
- add description to Materials,
- place Materials in catalogues and combine them with other works presented on the Website.
17. The Publisher agrees to the use of the published Materials by other Publishers by creating playlists on the Website.
18. The Publisher agrees to the publishing of Materials to be shared on the YouTube channel beneDeo.com.
V. Publishers' Data
- At the moment of registration, the Publisher agrees for the Administrator to publish and process their personal data in order to:
- administer the participation of the Publisher in the Website;
- conduct direct or indirect marketing of goods or services of the Administrator or their business partners;
- conduct direct or indirect marketing of goods and services of entities other than the Administrator;
- send the Publishers commercial information via e-mail at the address given in the form.
- The condition for the authorisations mentioned in item 1 above to take effect is the Publisher marking appropriate consent points during registration.
- The actions of the Administrator consisting in processing the Publisher's personal data shall correspond to the extent of consent expressed by the Publisher.
- The User agrees and is aware that their personal data provided in the registration process or shared by them may be publicly available to other Users, with the exception of e-mail address.
- The Publisher deems themselves informed that the Administrator of data mentioned in item 1 above is the Administrator and that the Publisher is entitled to access the content of the data in question as well as to change, correct and delete the data.
- The Administrator may condition the provision of their services and the use of the Website by the Publisher on prior confirmation of the personal data, mentioned in item 1, by the Publisher, by presenting appropriate documents or sending a photocopy of a document to confirm the Publisher's identity. The Administrator may, in particular, ask the User to present a declaration that no Church penalty or prohibition to express themselves in the media has been imposed on the User. In case no photocopy is sent or the photocopy arises justified doubts of the Administrator, the Administrator may refuse to enter into the Agreement.
- The Publisher declares that the personal data provided by them are true, concern their person and commits to update the personal data in their Account in case the data changes.
- In the case where the Administrator receives information that the data provided by the Publisher are untrue or outdated, the Administrator shall gain the right to call the Publisher to promptly delete untrue data and/or update the data, and/or to immediately block the account of the Publisher until the case has been clarified.
- The Publisher has the possibility to inspect, update and delete their data. If the Publisher deletes their data, they lose the possibility to use the Website to the extent to which the data was necessary to use the Website. In case data was necessary for the registration or login is deleted, the Publisher entirely loses the possibility to use the Website.
- The Publisher’s data shall be stored on the Website for no longer than necessary, due to the extent of the consent granted by the Publisher pursuant to the present Terms or for the time needed for the performance of the Services on the Website, and shall thereafter be deleted from the system.
- The use of the Publishers' data shall proceed solely for the purposes and to the extent corresponding with the consent expressed by the User during registration on the Website.
VI. Principles of the Use of the Website
1. It is prohibited to use the Website for other purposes than the ones resulting from the character and subject of the Website and the Terms. In particular, it is prohibited to:
- distribute pornographic content;
- send out spam and unsolicited commercial information and engage in commercial, advertising, promotional activity using the Website or the Content or in relation to them without the authorisation of the Administrator, granted by them on the basis of separate agreements through contact with the Promotion Department email@example.com;
- engage in any activities through which the Publisher or the entity performing the activities may influence Users, as well as act to the detriment of the Users, the Administrator or other third persons;
- publish content infringing Polish or international legal provisions, decency or moral norms, personal dignity or personal rights, on the Website;
- use the Website in a way which disrupts its functioning or is inconvenient for other Users;
- use any Materials published on the Website for a purpose other than only acquainting themselves with the Content of the Website. Using the Materials to any other extent is permitted only upon express consent granted by the authorised person.
- The User may not cede or disclaim rights and obligations resulting from the present Terms to the benefit of other persons.
VII. Administrator's Rights and Duties
- The Administrator is obliged to care for the continuous functioning of the Website. The Administrator shall, to the extent possible, inform Users about maintenance breaks and their duration via available means, in particular by placing announcements at the address under which the Website is published.
- The Administrator is entitled to change the conditions of use of the Website. Changes in the Terms shall proceed in accordance with the provisions indicated in section XIII of the Terms.
- The Administrator is not responsible for the content, correctness, completeness or form of Materials published on the Website. Content and form of the Materials does not reflect opinions or statements of the Administrator.
- The Administrator is entitled to conduct controls of the content placed in the User Profiles with regard to their conformance with the Terms. In order to do so, the Administrator may also introduce solutions for conducting such control automatically on the Website.
- In the case when the Materials placed in the User Profile are not in accordance with the Terms, the Administrator is entitled to adapt the information in the Profile to the Terms in force, modify or delete it. Furthermore, the Administrator may call the User to change or delete by themselves the Materials published by the User.
- In case of any claims filed with the Administrator by third persons or requests to share User data, the Administrator is obliged to acquaint themselves with the factual circumstances and may, if the request results from legal provisions, in accordance with the legal provisions in force and on the basis of legal provisions, provide the User data necessary for performing and securing possible claims and fulfilling requests.
- The Administrator does not bear responsibility for:
- information and other content published on the Website by Users, including data provided during registration on the Website which is inconsistent with the factual circumstances, incomplete or outdated, and for failure to update the data;
- unauthorised use of data included in the User Profile and Account by third persons;
- any damages caused by infringement of third persons' rights by the Users in connection with the use of the Website;
- technical problems or restrictions occurring on computer devices which the User uses, which prevent them from using the Website and the services provided through it;
- any other damages resulting from the User's failure to conform to the provisions of the present Terms.
- The Administrator reserves the right to:
- anonymously publish the content directed by the Users to the Website maintenance team, concerning issues related to the functioning of the Website (FAQ), advice and other;
- cede part or the entirety of their rights and obligations. In such a case, the User shall be informed about this fact and enabled to express their lack of consent for it.
- One User may possess no more than one Account on the Website.
- After having completed the registration process, the User receives an Account which allows them to use the functionalities of the Website.
- The User is entitled to delete their Account on the Website. The User may delete their account by clicking the link "Delete Account" (Usuń Konto). Thereafter, the User needs to confirm the deletion of their account by clicking a link sent by the Administrator to the User's e-mail address provided during the registration process, which shall redirect the User to the appropriate Website page. The deletion of the Account shall be confirmed by the Administrator by displaying an appropriate message on the Website page concerning the acceptance of the Account deletion request. The deletion of the Account shall be carried out not later than 90 days from the day on which the User submitted the request to delete the Account, mentioned in the present item, to the Administrator. The deletion of the Account terminates the Agreement.
- The Administrator reserves the right to block the Account or any services on the Website in any case of a material breach of the Terms by the Publisher. Blocking of the Account means disabling the use of all rights associated with owning the Account.
- Creating a new Account by a Publisher whose Account has been previously blocked or deleted requires the Administrator's approval. The Administrator has the right to block the Account which did not receive their approval, in accordance with the previous statement.
- The Administrator reserves the right to immediately delete or block the access to the Materials published on the Website against the Terms, without the necessity to inform the Materials' Publisher or other Users.
- The Administrator shall unlock the Account or other blocked services after the User has performed actions indicated by the Administrator.
- The Administrator may terminate the Agreement with a User in compliance with a 7-day notice period, which shall result in a complete deletion of the Account and Profile, if the Administrator states that the following important facts have occurred:
- the User flagrantly breaches the provisions of the Terms;
- the User Profile/Account does not contain the minimal amount of data or information necessary to activate the User Profile, or the Publisher deleted the data necessary for log-in or registration, and the User, despite two notices from the Administrator to the e-mail address indicated by the User, does not complete the data or information;
- the Publisher does not actively update their Profile, i.e. in particular does not act in accordance with section IV.2. of the Terms.
- the User possesses more than one Account;
- the User did not accept changes to the Terms;
- the User has not performed the actions indicated by the Administrator, necessary in order to unlock the Account or other particular services on the Website, for 3 months since the blocking of the Account by the Administrator;
- the User used the Website for economic and commercial purposes without the Administrator's approval, by which is understood:
- providing goods or services of any kind at a charge, encouraging to submit offers or directing to a place where offers may be submitted;
- advertising any other websites, including websites concerning economic activity, in any form, including pop-up messages, banners or links;
- placing links referring (directly or indirectly) to other websites;
- making acquaintances in order to gain profit;
- soliciting employees;
- collecting the data published on the Website or striving to gain Users' contact data for commercial purposes;
- distributing advertisements in any form among Users or sending commercial messages.
IX. Right Violation or Threat Reporting Procedure
- The Administrator declares that while providing IT space for the needs of the Website they do not monitor the Materials published there or the modification of the said Materials, with the exception of cases indicated in the Terms.
- Nevertheless, in the case where the publishing of Material on the Website is conducted in violation of the law, rights, personal rights, decency, feelings, morality, beliefs, principles of fair competition, know how, interests, confidentiality in the eyes of the law or on the basis of an obligation, and the Administrator is notified about the infringement above shall undertake actions aimed at deleting the Material constituting the basis of the infringement from the Website.
- The Administrator is deemed informed of the submission of a violation report mentioned in item 2 above, if the following conditions are jointly fulfilled:
- the report is submitted by an entitled person:
- in the case of natural persons acting on their own behalf or as a statutory representative: along with their first and last name, and, if needed, the basis of acting as a statutory representative, mailing address, e-mail address, own hand signature;
- in the case of other persons or entities: along with their first and last name, appropriate authorisation granted by an entitled person/persons along with indication of the basis of the authorisation, mailing address, e-mail address, own hand signature,
- the report indicates the basis of the entitlement to file the report and the request to delete the Material or Data in question;
- the report contains a detailed description of the Material or Data in question, indicating the address of the Website page on which it is available and the place on the page, which shall make it possible for the Administrator to locate the Content;
- the report contains the indication of the legal basis for the infringement and a justification of the request to delete the Material or Data in question.
- The Administrator of the Website, notified in the way mentioned in item 3, shall analyse the report and, having deemed it valid, shall delete the Material or Data in question from the Website. Possible further claims or requests shall be submitted by the entitled person only to the Publisher of the Material or Data in question.
- In the case of flagrant infringement, the reports may be submitted via the Website by using the link "Report" (Zgłoś). Such a report shall contain all the elements indicated in item 3, with the exception of the personal signature of the reporting person. The necessary authorisations or documents may be enclosed to the message in PDF format.
The Administrator of the Website may, before conclusively processing the report, call to complete the report or submit further explanations, and in the case of the report mentioned in item 5 may request submission of a report mentioned in item 3. In the case of a report order submission mentioned in item 3, the Administrator is deemed informed upon the submission of the report by the entitled person.
- Users may submit a complaint about disruptions in the functioning of the Website for 7 days from the occurrence of the event. The User shall send the complaint via e-mail at: firstname.lastname@example.org with the title: "!!!COMPLAINT!!!”. The User is obliged to provide the following in the complaint:
- clear indication of the User, allowing their identification (e-mail address constituting the log-in to the Website or the User ID);
- clear indication of the subject of the reservations along with a justification of the reason for their submission;
- the precise date of the event (day-month-year).
- Complaints shall be processed on an ongoing basis by the Customer Service Office within 14 days since the submission of the complaint in question.
- The Administrator reserves the right to interfere in the technical structure of the User Account in order to diagnose irregularities in the functioning of the Website services, as well as to introduce changes and conduct any other actions in the technical aspects of the Account in order to modify it or restore the proper functioning of the Account or the Website.
XII. Right to Withdraw
- The User who entered into an Agreement with the Administrator by accepting the Terms and appropriately creating an Account may withdraw from the Agreement, without providing reasons, by submitting an appropriate written declaration.
- The withdrawal declaration may be submitted by filling in the withdrawal form available at benedeo.com, printing it and signing. The filled in, printed and signed withdrawal form shall subsequently be sent via email to: support@beneDeo.com within 14 (fourteen) days starting from the day of entering into the Agreement. In order to fulfil the time limit, it is sufficient to send the declaration before the elapse of the limit.
- Withdrawal from the Agreement may also be submitted by filing in a written declaration without filling in the form, under the condition indicated in item 2 above and indicating in the content of the declaration: the first and last name of the person withdrawing, the date of accepting the Terms.
- In the case of withdrawal from the Agreement, the Agreement is deemed terminated and the User is freed from all obligation.
- Commencement of the services provided according to the Agreement before the 14-day time limit mentioned in item 2 above is possible only if the User submits a declaration in the form of consent to commence the performance of the service before the time limit for withdrawal from the Agreement. Otherwise, use of the Website shall be possible only after the time limit has elapsed.
- The right to withdraw from the Agreement is not granted to the User if the performance of the service in the form of granting possibility to use the services provided according to the Agreement was commenced upon express consent from the User before the time limit for withdrawal from the Agreement and after the User has been informed by the Administrator of the loss of the right to withdraw from the Agreement. The services on the Website may not be reimbursed due to their nature.
XIII. Final Provisions
- The Terms may be accessed at www.benedeo.com.
- The Terms may be subject to change by the Administrator. The changes shall be published on the Website in the form of a consolidated text of the Terms along with an information about the introduction of changes at least 7 days before their entering into force, and the content of the Terms shall be sent to the Users' e-mail addresses.
- The version of the Terms in force is the version available at the given moment at the address mentioned in item 1 above.
- The information about the introduction of changes to the Terms and the consolidated text of the Terms shall be displayed to the User also during the first logging into the Account on the Website, directly after informing about the introduction of the changes. During the User's first logging into the Account, the User shall declare whether they accept the Terms in the new wording. The lack of acceptance of the changed Terms by the User shall lead to termination of the Agreement between the User and the Administrator within 14 days since the refusal to accept the new wording of the Terms.
- The condition of using the Website is the acceptance of the Terms. In the case of refusing to accept the Terms or their new wording, the User is not entitled to use the Website in any way.
- To all matters not settled in the present Terms, provisions of the Civil Code and other Acts shall apply.
- The provisions of the present Terms fall under United States law.
- The Terms shall become effective on 31 March 2017.